Negligence Flashcards
What is stage one of negligence?
The defendant must owe the claimant a duty of care
What case defined the neighbour principle? what was it?
Lord Atkin in Donoghue v Stevenson - a duty is owed to your neighbour ‘anyone directly affected by your actions’
What is the modern test for establishing a duty of care in negligence?
from Caparo v Dickman - 3 stage test
-loss/damage to C reasonably foreseeable (Kent v Griffiths)
-relationship of close proximity (Bourhill v Young)
-fair, just and reasonable (Hill v Chief constable of W Yorkshire Police)
IF OBVIOUS ONLY ROBINSON IS NEEDED
What is the side rule for police officers in stage one? name the key case
Robinson - police owe a duty of care to avoid causing, by a positive act, foreseeable personal injury to another person
What is stage two of negligence?
The D must have breached the duty of care to the C
How is a breach of duty defined in negligence?
Alderson B in Bylth v Birmingham Waterworks defined as ‘doing something a reasonable man wouldn’t do or not doing something a reasonable man would do’
What are the three standards the D can be held by in negligence?
If D is an expert - judged by other reasonably competent experts (Bolam/Bolitho)
If D is a learner - judged by standards of an experienced person (Nettleship v Weston)
If D is a child judged by standards of a child of similar age (Mullins v Richards)
What are the three risk factors for negligence?
Probability of harm - more care taken, high standard (Bolton v Stone)
Seriousness/Magnitude of risk - more serious, more care (Paris v Stepney Council)
Cost and Practicality of Precautions - if low, it should be taken (Latimer)
What is the side rule for risk factors in negligence?
Possible benefits of the risk - some benefits to society (social utility) then there is no breach (Watt v Hertfordshire Council)
What is stage three of negligence?
The breach must cause the damage
What is factual causation? name the key case (Tort)
‘but for’ test - ‘but for D’s actions/omissions, would the damage have occurred? (Barnett v Chelsea Hospital)
What is legal causation? name the key case (Tort)
Whether the damage to C was reasonably foreseeable or it was too remote (Wagon Mound No1)
What is the side rule for causation in negligence?
D does not need to predict the way in which the injury was caused, as long as the same type of injury was foreseeable (Hughes v Lord Advocate)
How do the causation issues apply to negligence?
-There must be no new intervening acts which breaks the chain of causation
-Thin skull rule, you must take the C as you find them (Robinson v Post Office/ Smith v Leech Brain Co.)
