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Law Paper 2- Tort > Negligence > Flashcards

Negligence Flashcards

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1
Q

What is the definition of negligence?

A

Doing something that the reasonable man wouldn’t do or failing to d something the reasonable man would do

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2
Q

Who came up with the definition for negligence?

A

Baron Alderson

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3
Q

What are the 7 ways duty of care can be established?

A

Contractual
Public office
Relationship
Voluntarily
Limit harm caused
Statutory
Duty through precedent

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4
Q

What are the 3 sections of negligence?

A

Duty
Breach
Damage

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5
Q

What is the neighbour principle?

A

Individuals have a DOC to anyone who they think could potentially be affected by an act or omission

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6
Q

What case was the neighbour principle set out in?

A

Donoghue v Stevenson

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7
Q

What is the case and held for DOC?

A

Robinson v CCWP- Police now owe a duty of care to the general public

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8
Q

What does the caparo test do and what is the case it was set out in?

A

Caparo v Dickman- update of the neighbour principle to see if the D owes a DOC to the C

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9
Q

What is the caparo test used for?

A

In novel cases where it is not clear if a DOC was owed

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10
Q

What are the 3 elements of the caparo test with cases?

A

Was damage or harm reasonably foreseeable (Kent v Griffiths)
Is there a close relationship between the claimant and defendant? (Bourhill v Young)
Is it fair, just and reasonable to impose a duty? (Hill v CCWY)

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11
Q

What is breach of duty?

A

If there was a DOC established, the duty may be broken (objective test)

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12
Q

How is BOD judged and case?

A

To the standard of the reasonable man (Vaughan v Menlove)

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13
Q

What are the 3 standards people are judged against for breach of duty?

A

Professional standard
Learners
Children and young people

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14
Q

What is the reasonable man test?

A

People are judged to the standard of an ordinary man with the same skill set performing that task

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15
Q

What does the case of Vaughen v menlove say?

A

The reasonable man would not have put haystacks near cottages

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16
Q

what is the rule for professionals?

A

Professionals are to be judged to the standard of the professional as a whole

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17
Q

What is the test set out in Bolam v Friern Barnet Hospital?

A

BOD if:
D’s conduct fell below the standard of the ordinary, competent member of the profession
A substantial body of opinion within the profession wouldn’t support the course of action taken by D

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18
Q

What is the held for the case of Montgomery v Lanarkshire Health Board?

A

A doctor has a duty to disclose anything serious during childbirth

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19
Q

What is the rule for learners?

A

They are to be judged to the standard as an experienced person

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20
Q

What is the case and held for learners?

A

A learner driver is expected to meet the same standard as a reasonable qualified competent driver

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21
Q

What is the rule for children and young people?

A

They are to be judged to the standard of another child of that age

22
Q

What is the case and held for children?

A

Orchard v Lee- Horseplay and BOD would only be established if the playing would’ve been out of the norm for a 13 yr old

23
Q

What are risk factors?

A

Would a normal person have acted in a particular way?

24
Q

What are the 5 risk factors?

A

Special characteristics
Size of risk (higher risk requires greater care)
Have all appropriate precautions been taken?
Were the risks know?
Was there a benefit to taking the risk?

25
Q

What is the case and held for risk factors?

A

Paris v Stepney borough council- BOD as the duty was owed to a particular C not just reasonable workers

26
Q

What is the case and held for a small risk?

A

Bolton v Stone- No breach as harm was low and D had taken all precautions

27
Q

What is the case and held for a high risk?

A

Hayley v London Electricity- Breach and greater precautions should have been taken

28
Q

What is the rule for size of risk?

A

The smaller the risk the lower the standard of care and the higher the risk, a greater standard of care is needed

29
Q

What is the case and held for if all appropriate precautions have been taken?

A

Latimer v AEC Ltd- No BOD as reasonable precautions had been taken

30
Q

What is the case and held for if the risks were known?

A

Roe v Minister of Health- No breach as it was an unknown risk at the time

31
Q

What are the 2 cases and held for if there was a benefit to taking the risk?

A

Watt v Hertfordshire County council- No BOD as D’s conduct was to save a life which outweighed the need to take precautions

32
Q

What is damage?

A

The claimant must prove that the damage was caused by a BOD

33
Q

What is causation in fact and the case?

A

‘But for’ test
Barnett v Chelsea and Kensington

34
Q

What is causation in law?

A

Was the damage reasonably foreseeable and it can’t be too remote

35
Q

What case was the test for causation in law established in?

A

The Wagon Mount No.1

36
Q

What does causation in law say about injury?

A

D will be liable if the type of injury was reasonably foreseeable even if the way the injury would occur wasn’t

37
Q

What does the case of Bradford v Robinson rentals say? (CIL)

A

Frostbite was unusual but injury was reasonably foreseeable

38
Q

What does the case of Doughty v Turner Asbestos say? (CIL)

A

Explosion was not reasonably foreseeable and was too remote

39
Q

What are novus actus interveniens?

A

Intervening act which break the chain of causation

40
Q

What are the 3 types of NAI?

A

Act of claimant
Act of nature
Act of third party

41
Q

What is the case and held for act of claimant?

A

McKew v Hollands- taking stairs without using handrail and jumping 10stairs from the bottom was C’s own negligent act

42
Q

What is the case and held for act of nature?

A

Carslogie Steamship v Royal Norwegian Gov- The storm was a NAI and the Carslogie was not liable for further damage

43
Q

What is the case and held for act of third party?

A

Knightly v Johns- negligent order of a police officer could not be reasonably foreseen and was NAI

44
Q

What is the rule for eggshell conditions?

A

You must take C as you find them

45
Q

What is the case and held for eggshell conditions?

A

Smith v Leech Brain- burn was RF and because the man had an eggshell condition, D was liable for his death

46
Q

What are the 2 main defences for negligence?

A

Contributory negligence
Consent

47
Q

How much can damages be reduced if the defence of contributory negligence can be used?

A

Can be up to a 100% reduction (commonly used for injury claims)

48
Q

What is the case and held for contributory negligence?

A

Sayers v Harlow Urban council- council liable for negligent maintenance, damages reduced by 25% because of the way she tried to escape

49
Q

What is the 3 part test for the defence of consent?

A

The claimant had full knowledge of the risk involved
The claimant exercised free choice
The claimant voluntarily accepted the risk

50
Q

What does S.149 of the Road Traffic Act 1988 say about consent?

A

The defence cannot be used for road traffic accidents as they must fully understand the nature of the actual risk

51
Q

When will the defence of consent not succeed?

A

Where the claimant has no choice but to accept the risk, claimant must voluntarily undertake the risk of harm

52
Q

What is the case and held for consent?

A

OGWO v Taylor- Defence of consent had no application and the D owed a DOC to the professional fireman

Law Paper 2- Tort (5 decks)

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