negligence Flashcards
what is the purpose of negligence
to but the c back into the position they were in before the incident by providing compensation
what are the 3 elements of negligence
1 duty of care must be owed by d to c
2 d breaches the duty
3 damage as a result of the breach
a factual causation
b remoteness of damage
what is the first test you would use to establish a duty of care
robinson test
what are the two parts of the robinson test
1- is there a duty through judicial p or statute
2- can duty of care by established through analogy
what is the second test you would use to establish a duty of care (only is robinson dosent apply)
caparo test
what are the 3 parts of the caparo test
1- is the damage reasonably forseeable
2-is there proximity between parties-space time relationship
3-is it fair just and reasonable to impose a doc (mainly for police/firemen)
what case is the basis for law of negligence
donoghue v stevenson-neibour principle
what cases developed the law of negligence after dvs
caparo v dickman -3 part test
robinson- caparo is only for novel situations
what test is used to define a breach of duty of care
reasonable person test
what case formed the reasonable person test
blyth v birmingham waterworks co
what is a reasonable person defined as
someone who completes a task competently
what special characteristics of the d do the court consider
professional
learner
under 18
if the d is a professional in their feild what must c prove
the professional conduct fell below a reasonably competent professional in that area
what is there are two ways for the professional to do a task
the court will accept both
what is no one knows an outcome is possible
a reasonable person cannot be expected to take risks against something unknown
Give an example of a case, when no one knew a possible outcome
roe v minister of health
what is the standard of care for someone who is learning?
That have a competent person with that skillor professional
Give an example of a case relating to learners
nettelship v western
to what standard are children held to
Thought of a reasonably competent person of the same age
give the case, example, relating to children
mullins v richard’s
what does the case Paris V Stepney Borough Council tell us?
You expected to take more care for disabled people/the claimants characteristics can affect the liability of the defendant
what are risk factors?
Those that a reasonable person would take into account to modify their behaviour
what are some of the different categories of risk factors?
Special characteristics
Size of risk
Adequate precautions
Unknown risk
Public policy
Give two case examples relating to the risk of harm
Bolton V stone
Miller v Jackson
What is the aim of public policy?
When normal precautions are minimised for the greater good emergency situations
Give a case example for public policy
watt v heartfordshire county council
Describe adequate precautions
The reasonable person does everything in their power to prevent damage, but they don’t have to take all possible precautions if they are excessive
What are the two ways damage is proven?
factual causation
Remoteness of damage
How is factual damage proven?
But for test
give the case, example, for factual causation
Barnett v Chelsea and Kensington
what is the test for remote of damage?
Reasonable for see ability
Describe remoteness of damage
The harm or injury, suffered must not be too remote, which is to say unforseeable
What case does remoteness of damage come from?
The wagon mound
What three things can the chain of causation be broken by?
an act of the claimant
An act by nature
An act by a third-party
what case said it doesn’t matter how extreme the damages, as long as the type of damage is caused is foreseeable
Bradford v Robinson rentals
what is the eggshell skull rule
You must take your victim as you find them
give a case, example, for the eggshell skull rule
Smith V. Leach brain
What happens if something is unknown to science
It is not reasonably foreseeable, so no liability
Give a case relating to something unknown to science
Docherty v Turner
