Negligence Flashcards
What is the key quote for Negligence?
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
What is the POL from Robinson vs Chief Constable of West Yorkshire Police? - Duty of Care
There is an established legal principle so the Caparo 3 Stage test does not need to be considered
When is the Caparo 3 stage test used? - Duty of Care
For novel situations that have no existing case law
What 3 factors are needed for the Caparo 3 stage test? - Duty of Care
- Foreseeability
- Proximity
- Fair, Just and Reasonable
What was the POL from Doughty vs Turner Manufacturing? - Foreseeability (Caparo 3 test)
Not foreseeable as reaction had never happened before
What was the POL from Bourhill vs Young? - Proximity (Caparo 3 test)
She was not proximate enough in terms of time and space to prove proximity
What was the POL from Munroe vs London Fire Brigade? - Fair, Just and Reasonable (Caparo 3 test)
It was fair just and reasonable as placing omissions as a duty of care for emergency services is too great a burden in an emergency
What did Blyth vs Birmingham introduce? - Breach
The reasonable person test - introduced the objective standard
What was the POL from Nettleship vs Western? - Breach
Lord Denning - “The learner driver may be doing his best, but his incompetent best isn’t good enough”
What 2 factors mean the reasonable person test isn’t considered? - Breach
- Disability
- Age
What is the POL from Orchard vs Lee? - Breach
The child would have to be “careless to a very high degree” for it to constitute a breach
When does the reasonable person test expect a higher standard? - Breach
When it is concerning a professional person practicing their profession
What was the POL from Bolam vs Friern Hospital Management Committee? - Breach
He was following standards laid down by a professional body to a competent standard so he wasn’t liable
What was the POL from Wells vs Cooper? - Breach
The work was in line with the average professional at their profession so not liable
What are the 4 factors when considering if someone’s conduct was reasonable? - Breach
- Likelihood of Injury
- Cost of Precautions
- Potential Seriousness of Injury
- Social Utility
What is the POL from Bolton vs Stone? - Breach
If there is a high likelihood of injury then more care is expected to be taken
What is the POL from Latimer vs AEC? - Breach
As the cost of precautions to close the factory was too high, they had made all necessary precautions
What is the POL from Watt vs Hertfordshire? - Breach
In a situation of great importance/social utility you are allowed to take more risk
What is the POL from Paris vs Stepney? - Breach
If there is a high risk of serious injury, more care is expected to be taken
What is the POL from The Wagon Mound? - Foreseeability (Damage/Legal Causation)
The type of damage needs to be foreseeable, oil damage was but fire damage wasn’t
What is the POL from Doughty vs Turner Manufacturing? - Foreseeability (Damage/Legal Causation)
The reaction had never happened before so it was unforeseeable
What is the POL from Barnett vs Chelsea Hospital Management Committee? - ‘But For’ Test (Damage/Factual Causation)
Hospital was clearly in breach, but the claimant’s husband would’ve died anyway so they aren’t liable. “But for the hospitals actions, the husband would’ve died anyway”
What 3 things have to be proven under Medical Negligence and what cases should be used? - Medical Negligence
Duty of Care - Established Legal Principle (Robinson vs Chief Constable of West Yorkshire Police)
Breach - Nettleship vs Weston (Objective Standard) / Bolam
Damage - Bailey vs MOD and Portsmouth NHS Trust (Did the doctors materially (Largely) increase the risk of injury?)
What is the POL from Sayers vs Harlow DC? - Contributory Negligence (Partial Defence)
Negligent actions when others were available - Damages reduced by 25%
What is the POL from Yachuk vs Oliver? - Contributory Negligence (Partial Defence)
As the child was very young and didn’t know of the dangers of gasoline, the company acted negligently so the defence failed and the company was held fully liable
What is the definition of Volenti?
No injury to he who consents
What is the POL from Sylvester vs Chapman? - Volenti (Full Defence)
There was no immediate danger and he could have called for help but it was held that he consented to the danger so the claim failed
What was the POL from Nichols vs Marsland? - Act of God (Severe Unpredicted Natural Defence)
The thunderstorm was one of the worst in living memory, it was classified as an act of god so the claim failed
What is the POL from Cope vs Sharp? - Necessity (Entitled to take action that is urgent)
The action was necessary to stop greater evil which was the fire spreading even more so the claim failed
What is the POL from Stanley vs Powell? - Inevitable Accident
Precautions were taken but the event couldn’t be stopped so the claim failed
From what case does the existing legal precedent come from?
Robinson vs Chief Constable of West Yorkshire Police
From what case does the POL - Reaction had never happened before so unforeseeable - come from?
Doughty vs Turner Manufacturing
From what case does the POL - Not proximate in terms of time and space - come from?
Bourhill vs Young
From what case does the POL - It is unfair to place acts and omissions on emergency services as it would be too great a burden - come from?
Munroe vs London Fire Brigade
What case introduced the reasonable person test?
Blyth vs Birmingham
What case does Lord Denning’s quote come from? “The learner driver may be doing his best, but his incompetent best is not good enough”
Nettleship vs Western
What case deals with the problem of age under the reasonable person test?
Orchard vs Lee
Under what case does it state that the reasonable person test expects a higher standard from a professional practicing their profession?
Bolam
Under what case does the POL - Where there is a high likelihood of injury then more care is expected to be taken - come from?
Bolton vs Stone
Under what case does the POL - Where there is a high risk of serious injury, more care is expected to be taken - come from?
Paris vs Stepney
Under what case does the POL - The cost to close the factory was too high so they took all necessary precautions - come from?
Latimer vs AEC
Under what case does the POL - During situations of high social utility, more risk is allowed - come from?
Watt vs Hertfordshire
What is the case for intervening acts?
(Legal Causation)
Scott vs Shepherd
What is the POL from Scott vs Shepherd?
(Legal Causation)
All the acts from the stall owners were foreseeable so there was no break in the chain of causation
