Negligence^

Question 1

In Court

Answer 1

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

Question 2

Blyth V Birmingham Waterworks

Answer 2

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

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

damage reasonably foreseable (Kent V Griffiths)
proximity between C & D (Bourhill V Young)
fair, just and reasonable to impose a duty (Hill V West Yorkshire Police)

Question 7

Robinson V West Yorkshire Police

Answer 7

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

Question 8

Breach of Duty

Answer 8

objective test - judged by the standard of the reasonable person doing the job profesionally

Question 9

Nettleship V Weston

Answer 9

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

Question 10

Orchard V Lee

Answer 10

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

Question 11

Bolan V Frier Barnet Hospital

Answer 11

D has to meet the standard of the competent professional

Question 12

Montgomery V Lanarshire Heath Board

Answer 12

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

Question 13

Risk Factors

Answer 13

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

Question 14

Paris V Stepney Council

Answer 14

special characteristics
magnitude of risk

Question 15

Bolton V Stone

Answer 15

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

Question 16

Latimer V AEC Ltd

Answer 16

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

Question 17

Roe V Minister of Health

Answer 17

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

Question 18

Day V High Performance Sport

Answer 18

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

Question 19

Causation For Damaged Caused

Answer 19

damaged was caused because of the breach

Question 20

Barnet V Chelsea & Kensington Hospital

Answer 20

D not the factual cause of death.
- but for D’s breaching his duty of care, the V would still have died

Question 21

Intervening Events

Answer 21

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

Question 22

McKew V Hollands

Answer 22

new intervening act can be an act of a claimant

Question 23

Carslogie Steamship Co

Answer 23

new intervening act can be an act of nature

Question 24

Knightly V Johns

Answer 24

new intervening act can be an act of a third party

Question 25

The Eggshell Skull Rule

Answer 25

take your victims as you find them Smith v Leech Brain & Co - injury has to be foreseeable, but the weakness makes it worst - still liable

Question 26

The Wagon Mound

Answer 26

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