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Law Paper 2 - Tort + Legislation > Negligence > Flashcards

Negligence Flashcards

1
Q

What is the key quote for Negligence?

A

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

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2
Q

What is the POL from Robinson vs Chief Constable of West Yorkshire Police? - Duty of Care

A

There is an established legal principle so the Caparo 3 Stage test does not need to be considered

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3
Q

When is the Caparo 3 stage test used? - Duty of Care

A

For novel situations that have no existing case law

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4
Q

What 3 factors are needed for the Caparo 3 stage test? - Duty of Care

A
  1. Foreseeability
  2. Proximity
  3. Fair, Just and Reasonable
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5
Q

What was the POL from Doughty vs Turner Manufacturing? - Foreseeability (Caparo 3 test)

A

Not foreseeable as reaction had never happened before

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6
Q

What was the POL from Bourhill vs Young? - Proximity (Caparo 3 test)

A

She was not proximate enough in terms of time and space to prove proximity

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7
Q

What was the POL from Munroe vs London Fire Brigade? - Fair, Just and Reasonable (Caparo 3 test)

A

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

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8
Q

What did Blyth vs Birmingham introduce? - Breach

A

The reasonable person test - introduced the objective standard

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9
Q

What was the POL from Nettleship vs Western? - Breach

A

Lord Denning - “The learner driver may be doing his best, but his incompetent best isn’t good enough”

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10
Q

What 2 factors mean the reasonable person test isn’t considered? - Breach

A
  1. Disability
  2. Age
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11
Q

What is the POL from Orchard vs Lee? - Breach

A

The child would have to be “careless to a very high degree” for it to constitute a breach

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12
Q

When does the reasonable person test expect a higher standard? - Breach

A

When it is concerning a professional person practicing their profession

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13
Q

What was the POL from Bolam vs Friern Hospital Management Committee? - Breach

A

He was following standards laid down by a professional body to a competent standard so he wasn’t liable

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14
Q

What was the POL from Wells vs Cooper? - Breach

A

The work was in line with the average professional at their profession so not liable

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15
Q

What are the 4 factors when considering if someone’s conduct was reasonable? - Breach

A
  1. Likelihood of Injury
  2. Cost of Precautions
  3. Potential Seriousness of Injury
  4. Social Utility
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16
Q

What is the POL from Bolton vs Stone? - Breach

A

If there is a high likelihood of injury then more care is expected to be taken

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17
Q

What is the POL from Latimer vs AEC? - Breach

A

As the cost of precautions to close the factory was too high, they had made all necessary precautions

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18
Q

What is the POL from Watt vs Hertfordshire? - Breach

A

In a situation of great importance/social utility you are allowed to take more risk

19
Q

What is the POL from Paris vs Stepney? - Breach

A

If there is a high risk of serious injury, more care is expected to be taken

20
Q

What is the POL from The Wagon Mound? - Foreseeability (Damage/Legal Causation)

A

The type of damage needs to be foreseeable, oil damage was but fire damage wasn’t

21
Q

What is the POL from Doughty vs Turner Manufacturing? - Foreseeability (Damage/Legal Causation)

A

The reaction had never happened before so it was unforeseeable

22
Q

What is the POL from Barnett vs Chelsea Hospital Management Committee? - ‘But For’ Test (Damage/Factual Causation)

A

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”

23
Q

What 3 things have to be proven under Medical Negligence and what cases should be used? - Medical Negligence

A

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?)

24
Q

What is the POL from Sayers vs Harlow DC? - Contributory Negligence (Partial Defence)

A

Negligent actions when others were available - Damages reduced by 25%

25
Q

What is the POL from Yachuk vs Oliver? - Contributory Negligence (Partial Defence)

A

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

26
Q

What is the definition of Volenti?

A

No injury to he who consents

27
Q

What is the POL from Sylvester vs Chapman? - Volenti (Full Defence)

A

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

28
Q

What was the POL from Nichols vs Marsland? - Act of God (Severe Unpredicted Natural Defence)

A

The thunderstorm was one of the worst in living memory, it was classified as an act of god so the claim failed

29
Q

What is the POL from Cope vs Sharp? - Necessity (Entitled to take action that is urgent)

A

The action was necessary to stop greater evil which was the fire spreading even more so the claim failed

30
Q

What is the POL from Stanley vs Powell? - Inevitable Accident

A

Precautions were taken but the event couldn’t be stopped so the claim failed

31
Q

From what case does the existing legal precedent come from?

A

Robinson vs Chief Constable of West Yorkshire Police

32
Q

From what case does the POL - Reaction had never happened before so unforeseeable - come from?

A

Doughty vs Turner Manufacturing

33
Q

From what case does the POL - Not proximate in terms of time and space - come from?

A

Bourhill vs Young

34
Q

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?

A

Munroe vs London Fire Brigade

35
Q

What case introduced the reasonable person test?

A

Blyth vs Birmingham

36
Q

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”

A

Nettleship vs Western

37
Q

What case deals with the problem of age under the reasonable person test?

A

Orchard vs Lee

38
Q

Under what case does it state that the reasonable person test expects a higher standard from a professional practicing their profession?

A

Bolam

39
Q

Under what case does the POL - Where there is a high likelihood of injury then more care is expected to be taken - come from?

A

Bolton vs Stone

40
Q

Under what case does the POL - Where there is a high risk of serious injury, more care is expected to be taken - come from?

A

Paris vs Stepney

41
Q

Under what case does the POL - The cost to close the factory was too high so they took all necessary precautions - come from?

A

Latimer vs AEC

42
Q

Under what case does the POL - During situations of high social utility, more risk is allowed - come from?

A

Watt vs Hertfordshire

43
Q

What is the case for intervening acts?
(Legal Causation)

A

Scott vs Shepherd

44
Q

What is the POL from Scott vs Shepherd?
(Legal Causation)

A

All the acts from the stall owners were foreseeable so there was no break in the chain of causation

Law Paper 2 - Tort + Legislation (7 decks)

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