Negligence

Question 1

What is negligence?

Answer 1

Failing to do something which the reasonable person would do or doing something that the reasonable person would not do.

Question 2

In order to bring a successful negligence claim, we must show that the defendant was at fault for the injuries or damage. This fault must be shown to the civil standard of proof which is…

Answer 2

he owes a duty of care, this has ben breached and it was reasonably foreseeable that a breach would cause injuries or damage.

Question 3

What sort of evidence might the claimant use to show a fault?

Answer 3

Oral, witnesses or from experts

Question 4

The neighbour principle

Answer 4

Donoghue v Stevenson: “You must take reasonable care to avoid acts or omissions that you c an reasonably foresee would be likely to injure your neighbour”

Question 5

The Caparo test

Answer 5

1. Was damage or harm reasonably foreseeable?
2. Is there a sufficiently proximate relationship between the claimant and the defendant?
3. Is it fair, just and reasonable to impose a duty?

Question 6

Caparo v Dickman

Answer 6

C wanted to take over D’s company. They showed accounts prepared which showed a profit and after seeing the final purchase, they looked again and it showed a loss. D didn’t owe C a duty of care as the accounts prepared weren’t for C to see.

Question 7

The damage or harm must have been reasonably foreseeable

Answer 7

Kent v Griffiths

Question 8

Kent v Griffiths

Answer 8

A duty of care was owed by the ambulance when they initially accepted the call as the failed the duty and were liable for compensation to C.

Question 9

Must be a proximity of relationship

Answer 9

Bourhill v Young

Question 10

Bourhill v Young

Answer 10

The biker (D) couldn’t have anticipated that if he was involved in an accident. it would cause a mental injury to a bystander so owed no duty of care.

Question 11

Must be fair, just and reasonable to impose a duty of care

Answer 11

Hill v Chief Constable of West Yorkshire

Question 12

Hill v Chief Constable of West Yorkshire

Answer 12

Relationship wasn’t proximate enough for the police to owe a duty of care as they had no idea over who the next victim would be.

Question 13

Breach of Duty

Answer 13

Claimant has to prove that the duty of care has been breached. The court look at the standards of the reasonable person.

Question 14

Reasonable person

Answer 14

The ordinary person doing the same task.

Question 15

What are the situations where courts argue a different standard of care from that of the reasonable person?

Answer 15

• Professionals
• D has a lack of skill
• Children

Question 16

Professionals

Answer 16

Bolam v Friern Hospital Management Committee

Question 17

Bolam v Friern Hospital Management Committee

Answer 17

Hospital followed one of the courses of action given by professionals so it has not breached a duty of care.

Question 18

Bolam Test for professionals

Answer 18

• Does the Defendants conduct fall below the standard of the ordinary competent member of that profession?
• Is there a substantial body of opinion within the profession that would support the course of action taken by the defendant?

Question 19

Learners

Answer 19

Nettleship v Weston

Question 20

Nettleship v Weston

Answer 20

Weston (D) should be judged at the same standard of a competent driver, not at the standard of an inexperienced driver

Question 21

Children and young people

Answer 21

Mullin v Richards

Question 22

Mullins v Richards

Answer 22

Richards should have to meet the standard of someone her age and in the same situation, so a 15 year old school girl.

Question 23

What are the risk factors we must consider?

Answer 23

• Special characteristics of C
• Size of the risk
• Cost and practicability
• Foreseeability of the risk
• Public benefit of taking the risk

Question 24

Special characteristics of the Claimant

Answer 24

Paris v Stepney Borough Council

Question 25

Paris v Stepney Borough Council

Answer 25

Blind man not provided with goggles on a dangerous job so employer was held to have broken a duty of care to him.

Question 26

Size of the risk

Answer 26

Bolton v Stone

Question 27

Bolton v Stone

Answer 27

Cricket club had everything they needed to do in view of the low risk and it had not been breached

Question 28

Cost and practicality of precautions

Answer 28

Latimer v AEC

Question 29

Latimer v AEC

Answer 29

No breach of duty of care as the owners had taken reasonable steps to reduce risk of injury

Question 30

Foreseeability of the risk

Answer 30

Roe v Minister of Health

Question 31

Roe v Minister of Health

Answer 31

Risk of contamination wasn’t known so no breach and claimant couldn’t claim compensation

Question 32

Public benefit of taking the risk

Answer 32

Watt v Hertfordshire County Council

Question 33

Watt v Hertfordshire County Council

Answer 33

Fire service had not breached it’s duty of care because emergency situation