negligence

Question 1

what are the 3 parts to a negligence claim

Answer 1

duty of care
breach of duty
damage caused

Question 2

what is duty of care

Answer 2

obligation imposed on an individual, requiring:

they reach standard of reasonable care to avoid careless acts that could foreseeably harm others

Question 3

what is the original test to decide whether a duty of care should be created

Answer 3

• neighbour principle - donoghue v stevenson
• must take reasonable care to avoid acts/omissions that may injure neighbour
  -neighbour’ = anyone directly affected by actions’

Question 4

what is the new test to decide whether duty of care should be created

Answer 4

• Caparo v Dickman
• damage must be reasonably foreseeable
  must be relationship of proximity between parties
  must be fair/just/reasonable to impose duty of care

Question 5

when should the new Caparo test be used

Answer 5

Robinson v chief constable of west Yorkshire - new + novel cases

Question 6

what is the required standard of care

Answer 6

that of a reasonable person (the ordinary person doing the task or thing competently)

Question 7

when does the standard of care vary

Answer 7

for children + professionals

Question 8

what is the case law for the standard of care for a professional

Answer 8

Bolam v frein hospital

Question 9

what is the case law for the standard of care for a child

Answer 9

Mulllin v Richards

Question 10

how do we decide if a person has breached their duty

Answer 10

if they have fallen below the standard of care to which they have been held

Question 11

how do we work out if there has been a breach in duty

Answer 11

P ublic benefit
A ppropriate precautions
U nknown risks
S ize of risk
E xceptional characteristics

Question 12

outline public benefit as a risk factor that influences expected standard of care

Answer 12

someone acting ‘in heat of moment’ less likely to have breached standard of care
- watt v Hertfordshire county council

Question 13

outline ‘appropriate precautions’ as a risk factor that influences expected standard of care

Answer 13

courts will weigh up if cost of avoiding a risk is proportionate to risk itself
- Latimer v AEC

Question 14

outline ‘unknown risk’ as a risk factor that influences expected standard of care

Answer 14

D cannot be expected to avoid risks unknown at time
- roe v ministry of health

Question 15

outline ‘size of risk’ as a risk factor that influences expected standard of care

Answer 15

• the smaller the risk, the less likely D will have breached DOC should risk occur
• Bolton v Stone

Question 16

outline ‘exceptional characteristics’ as a risk factor that influences expected standard of care

Answer 16

if it was known by D that consequence of a specific risk would be serious injury to claimant - may be liable
- paris v stepney borough county council

Question 17

what must the resulting damage be

Answer 17

• caused by breach - wouldnt have happened ‘but for’ - barnett v chealsea hospital
• of a forseeable nature - the wagon mound