Negligence

Question 1

Negligence protects against which 3 types of harm?

Answer 1

•personal injury
•damage to property
•economic loss

Question 2

Negligence has 3 main elements (in order)

Answer 2

1. Defendant owed a duty of care
2. Defendant breached duty of care
3. Breach caused damage to claiment

Question 3

Negligence definition in Blythe v Birmingham waterworks

Answer 3

‘failing to do something which a reasonable person would do (omission) or doing something which a reasonable person would not do (an act)’

Question 4

Who gets the burden of proof in a negligence claim?

Answer 4

The burden of proof is on the claiment

Question 5

What is a duty of care?

Answer 5

‘a requirement that a person acts towards others in the public with the caution and attention a reasonable person in the circumstances would’

Question 6

Following Robinson v chief of west Yorkshire police (2018) how do you establish a duty of care?

Answer 6

1. See if there’s an existing precedent setting out duty
2. See if there is statutory authority
3. In the absence of of 1&2 the incremental approach and established principles

Question 7

How was Robinson v CCWY used in the judgement of Darnley v Croydon Health services NHS trust?

Answer 7

Shows that even though a non medical staff they owe a duty of care to patients

Question 8

What are the factors courts take into account when making decisions on duty of care?

Answer 8

1. Loss allocation
2. Protection of professionals
3. The ‘floodgates argument’
4. Deterrent value

Question 9

What is a breach of duty?

Answer 9

Looking at the standard of care and when a person falls below that standard of care and is measured by an objective test

Question 10

How do you measure with an objective standard?

Answer 10

Looks at how the ‘reasonable person’ and how they would react in that situation, ignores the defendants characteristics

Question 11

What is the legal illustration in nettleship v western (1971)

Answer 11

A learner driver is held at the same standard as a passed driver

Question 12

How does class of defendant effect duty of care?

Answer 12

Can lower or raise the duty of care for people such as professionals or children

Question 13

Bolam (v Friern hospital management committee)

Answer 13

A doctor will not be liable if acted following a respected body of medicinal opinion

Question 14

Montgomery v Lanarkshire

Answer 14

The bolam rule is not always necessary when giving medical advice

Question 15

Whitehouse v Jordan

Answer 15

Can be found guilty of negligence if a mistake such as excessive force was used

Question 16

Children and breach of duty?

Answer 16

Children are expected to have less of an understanding then an adult so should be held to a lesser duty of care

Question 17

Factual causation and the but for test

Answer 17

Starting point in establishing liability, looks as if the damage would have happened but for the negligence

Question 18

Wilsher (v Essex AHA)

Answer 18

When there are causes with only one negligence the rest innocent then not convicted

Question 19

Fairchild (v glenhaven funeral services)

Answer 19

When there are multiple possible causes all of the same or similar effect them they can have partial responsibility

Question 20

Remoteness of damage

Answer 20

If the damage is too remote, not foreseeable it cannot be recovered

Question 21

Wagon mound 1

Answer 21

As the damage was too remote they could not recover the damage that was not foreseeable

Question 22

Wagon mound 1