Negligence Flashcards
What is the definition of negligence?
Negligence is doing something the reasonable person would not do or failing to do something the reasonable person would do.
Who is the reasonable person?
A man or woman on the London underground
How do you establish a duty of care?
The courts will use the Robinson approach by applying a pre existing duty of care e.g doctor to patient, parent to child
Robinson V CC west york police
What is the caparo test?
Used in novel situations , is the harm foreseeable, is their sufficient proximity between parties, is it fair just and reasonable to impose a duty of care
Kent V Griffiths
Who would an ordinary person be held to the standard of?
Breach of duty
The standard of the reasonable person
Who would professionals be held to the standard of?
The reasonable and competent body of professional opinion
Bolam V Friern hospital
Doctors must inform patients about all risks of treatments so they can fully consent
What standard would learners be held to?
The standard of the experienced person
Nettleship V western
What are the risk factors considered?
- special characteristics (Paris V Stepney)
- Size of the risk ( Bolton V Stone)
- Cost and effort (Latimer V AEC)
- Knowledge of the danger ( Roe V Minister of health)
- Public Benefit (Watt V Hertfordshire CC)
How is factual causation assessed ?
But for the defendants actions would the death or injury have happened when it did or as it did
Barnett v Chelsea kensington hospital
How is legal causation assessed?
Intervening acts- any unexpected acts may break the chain of causation
Mckew V Holland, Hannen & cubbits
How is legal causation assessed?
- Remoteness of damage
The damage must not be to remote from the breach of duty from the defendant
The wagon mound
What is the thin skull rule?
Any pre-existing conditions should be disregarded and the defendant should take the victim as they find them
Smith V Leech brain
