Negligence

Question 1

Stage 1 Duty of care

Answer 1

must be proved that the defendant owed the claimant a duty of care, obvious duty (Robinson), don’t need Caparo test

Question 2

stage 2 Breach of duty

Answer 2

objective test, (Alderson B in Blythe v Birmingham waterworks) defined a breach as “ doing something a reasonable man wouldn’t do or not doing something a reasonable man would do”

Question 3

Stage 2: Expert

Answer 3

if D is an expert will be judged to standards of other reasonably competent professionals (Bolam/ Bolitho)

Question 4

Stage 2: learner

Answer 4

If D is a learner they are judged to the standards of someone experienced and competent (Nettleship v Weston)

Question 5

Stage 2: children

Answer 5

children are judged to standards of reasonable child of a similar age (Mullins v Richards)

Question 6

Stage 2: risk factor 1)

Answer 6

probability of harm- more care would need to be taken if there is a higher probability of harm. reasonable man needs to take greater precautions for bigger risks (Bolton v Stone)

Question 7

Stage 2: Risk factor 2)

Answer 7

magnitude of risk- the bigger the risk of a serious injury, then the more care that needs to be taken (Paris v Stepney council)

Question 8

Stage 2: Risk factor 3)

Answer 8

cost and practicality of precautions- if the cost of taking precautions to eliminate the risk is too great, the D may not be in breach of duty (Latimer)

Question 9

Stage 2 side rule

Answer 9

possible benefits of the risk- some risks have benefits for society, here there will be no breach (Watt v Heartfordshire Council)

Question 10

Stage 3: Breach caused the damage

Answer 10

issue of causation, factual causation and legal causation

Question 11

Stage 3: Factual causation

Answer 11

apply ‘but for’ test, but for the D’s actions/ omissions would the damage have occurred (Barnett v Chelsea hospital)

Question 12

Stage 3: Legal causation

Answer 12

remoteness of damage, was the damage to the C reasonably foreseeable or was it too remote. If it is too remote D will not be the cause in law (Wagon Mound No1)

Question 13

Stage 3: side rule

Answer 13

D need not predict the precise way in which the injury was caused as long as an injury of the same type was foreseeable (Hughes v Lord Advocate)

Question 14

Stage 3: Thin skull rule

Answer 14

must be no intervening acts which break the chain of causation- thin skull rule, must take claimant as you find them ( Smith v Leech Brain co)