Negligence^

Question 1

Blyth V Birmingham Waterworks

Answer 1

Introduction to negligence
failing to do something that the reasonable person would do or doing something the reasonable person would not do

Question 2

In Court

Answer 2

they have to prove fault on a balance of probablilities
burden of proof is on the claimant
its civil so a judge decides

Question 3

Elements

Answer 3

Duty of Care
Breach of Duty
Damaged Caused

Question 4

Donoghue V Stevenson

Answer 4

the neighbour principle
you must take care to avoid acts or omissions which you can reasonable foresee would be likely to injure your neighbour

Question 5

Neighbour Definition

Answer 5

someone that is so closely and directly affected by your act that you reasonably ought to have them in contemplation

Question 6

Caparo V Dickman

Answer 6

reasonably foreseable
proximity
fair, just and reasonable to impose a duty

Question 7

Kent V Griffiths

Answer 7

reasonably foreseable

Question 8

Bourhill V Young

Answer 8

proximity

Question 9

Hill V West Yorkshire Police

Answer 9

was it fair, just and reasonable to impose a duty

Question 10

Robinson V West Yorkshire Police

Answer 10

caparo test is not meant to be rigid
only used in new situations
otherwise follow previous precedent

Question 11

Breach of Duty

Answer 11

objective test

Question 12

Nettleship V Weston

Answer 12

learners compared to the standard of care of the reasonable experienced person

Question 13

Mullin V Richards

Answer 13

child is judged against the standard of a child of the same age

Question 14

Orchard V Lee

Answer 14

supports Mullin V Richards
more recent case

Question 15

Bolan V Frier Barnet Hospital

Answer 15

you have to meet the standard of the competent professional

Question 16

Montgomery V Lanarshire Heath Board

Answer 16

have to take account of risk factors to decide if there has been a breach
higher the risk = higher the care required

Question 17

Risk Factors

Answer 17

sometimes risks have to be taken
tell us if the standard of care should be higher or lower

Question 18

Paris V Stepney Council

Answer 18

special characteristics
magnitude of risk

Question 19

Bolton V Stone

Answer 19

likelihood of risk
compare the size of risk to how easy it is to prevent it

Question 20

Latimer V AEC Ltd

Answer 20

D tried to avoid it / make adequete precations so not negligent

Question 21

Roe V Minister of Health

Answer 21

unknown risks
D are not expected to prevent it if they didn’t know about the risk

Question 22

Day V High Performance Sport

Answer 22

in an emergency, a lower standard of care can be accepted if acted quickly

Question 23

Causation For Damaged Caused

Answer 23

damaged was caused because of the breach

Question 24

Barnet V Chelsea & Kensington Hospital

Answer 24

not the factual cause, even if D breached their duty of care
but for D’s breaching his duty of care, the V would still have died

Question 25

Intervening Events

Answer 25

was the injury a foreseeable consequence of the original negligent act or omission

Question 26

McKew V Hollands

Answer 26

new intervening act can be an act of a claimant

Question 27

Carslogie Steamship Co

Answer 27

new intervening act can be an act of nature

Question 28

Knightly V Johns

Answer 28

new intervening act can be an act of a third party

Question 29

The Eggshell Skull Rule

Answer 29

take your victims as you find them
injury has to be foreseeable, but the weakness makes it worst
- still liable

Question 30

The Wagon Mound

Answer 30

remoteness of damage
damage is too remote, so can’t claim for damage that was not reasonable foreseeable