Negligence Flashcards
Donoghue v Stevenson + negligence principles
Established modern law of negligence and the neighbour principle.
- Duty of care
- Breach of duty
Caparo test
Test from Caparo v Dickman extending the neighbor principle, used to establish duty of care:
Was harm foreseeable?
Was there proximity between C and D?
Is it fair, just and reasonable to allow a claim?
Case for foreseeability
Kent v Griffiths
Case for proximity
Osman v Ferguson
Case for fair, just and reasonable
Hill v CC
Foreseeability definition
Was the outcome foreseeable as a result of D’s (in)action?
Proximity definition
Were D and C proximate in:
Space/time
Relationship
Fair just and reasonable definition
A matter of policy; deciding whether it is fair to hold the defending party accountable (such as government institutions).
4 factors of breach of duty
Standard of care owed
Degree of risk
V
Usefulness of actions taken
Practicality of avoiding harm
Standard of care owed - case + explanation
Determines how responsible D should be over C. This is objective.
Blythe v Birmingham Waterworks
Rule regarding hindsight and recent advances
New knowledge cannot be taken into account when determining if D had committed an error as they had no way of knowing. (Roe v Ministry of Health)
Degree of risk case + explanation
Bolton v Stone - Was the action D took likely to cause harm to others? If yes it is more likely D will be liable.
Usefulness of actions taken case + explanation
Watt v Herts CC - Was D doing something that justified the risk being taken?
Practicability of avoiding harm case + explanation
Latimer v AEC - Was there anything D could have done to mitigate risk further, and would it be realistic to expect D to do so?
