Negligence

Question 1

Donoghue V Stevenson (3)

Answer 1

-duty of care owed
-breach of said duty
-damage suffered by defendant

Question 2

D V S Lord Atkin quote

Answer 2

‘You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour’

Question 3

Robinson V Chief Constable of West Yorkshire Police

Answer 3

‘Established legal principle’

Question 4

Caparo V Dickman (3 stage test)

Answer 4

-foreseeability
-proximity
-fair, just and reasonable

Question 5

Kent V Griffiths

Answer 5

Foreseeability of damage

Question 6

Doughty V Turner Manuafacturing

Answer 6

Foreseeability of damage

Question 7

Bourhill V Young

Answer 7

Proximity of acts in relation to damage suffered

Question 8

Munroe V London Fire Brigade

Answer 8

Fair, just and reasonable to expect defendant to offer protection from damage

Question 9

Blyth V Birmingham

Answer 9

‘Reasonable person test’

Question 10

Nettleship V Weston (2)

Answer 10

-objective standard
-Lord Denning - “the learner driver maybe doing his best, but his incompetent best is not good enough”

Question 11

Reasonable person test exceptions (Mullins V Richards, Orchard V Lee) (2)

Answer 11

-disability
-age - “careless to a very high degree”

Question 12

Bolam V Friern County Hospital Management Committee

Answer 12

Higher standard expected of proffessionals in relation to the reasonable person test

Question 13

Wells V Cooper

Answer 13

Reasonable person test, no recquirement to be perfect

Question 14

Bolton V Stone

Answer 14

Degree of risk/ likelihood of injury

Question 15

Latimer V AEC

Answer 15

Cost of precautions

Question 16

Paris V Stepney

Answer 16

Potential seriousness of injury

Question 17

Watt V Hertfordshire

Answer 17

Importance of activity

Question 18

Wagon mound

Answer 18

Type of loss must be foreseeable

Question 19

Smith V Leech brain

Answer 19

Thin Skull rule

Question 20

Hughes V Lord Advocate

Answer 20

Type of damage was foreseeable

Question 21

Doughty V Turner Manuafacturing

Answer 21

Type of damage not foreseeable

Question 22

Barnett V Chelsea Hospital Management Committee

Answer 22

Was owed duty of care, clearly in breach, however would have died anyway

Question 23

Scott V Shepherd

Answer 23

No break in chain of causation

Question 24

Wilsher V Essex Area Health Authority

Answer 24

No allowance made in respect of an inexperienced or trainee doctor

Question 25

Bolitho V City and Hackney Health Authority

Answer 25

Doctors following an old technique where an improved one exists can still be held liable

Question 26

Bailey V MOD and Portsmouth NHS Trust

Answer 26

If the claimant receives poor medical care that increases the risk of damage being caused by a following medical carer, the first carer is held liable

Question 27

Contributory negligence act

Answer 27

The Law Reform act 1945

Question 28

Sayers V Harlow DC

Answer 28

However much of the blame falls onto the defendant is however much damages will be reduced by

Question 29

Revill V Newberry

Answer 29

Burglary contributes to injury caused

Question 30

Yachuk V Oliver

Answer 30

The age of the claimant will be considered when deciding if the defence can be used

Question 31

Sylvester V Chapman

Answer 31

No immediate danger, conduct can show consent

Question 32

Wooldridge V Summer

Answer 32

Spectators voluntarily assume a risk of injury, provided players are not reckless or intentional with their behaviour

Question 33

Smoldon V Whitworth

Answer 33

Where rules are not kept to volenti cannot be used

Question 34

Haynes V Harwood

Answer 34

Moral duty means that a rescuer has no choice but to take the risk, so does not voluntarily consent

Question 35

Cutler V United Dairies.

Answer 35

Horse chased down by rescuer in field, no immediate danger so rescuer could not sue

Question 36

Nichols V Marsland

Answer 36

Act of god cannot be held liable for

Question 37

Cope V Sharp

Answer 37

If damage is inflicted that prevents further damage the action is seen as reasonable therefore not liable (necessity)

Question 38

Stanley V Powell

Answer 38

Inevitable accident, all precautions taken, nothing more could be done so not liable