negligence

Question 1

what is a civil offence

Answer 1

• no prison time, just compensation
• the claimant has to prove fault on a balance of probabilities. Burden of proof is on the claimant

Question 2

Blythe v Birmingham Waterworks

Answer 2

failing to do something that the reasonable person would do or would not do

Question 3

what are the elements of negligence

Answer 3

• duty of care
• breach caused
• damage caused

Question 4

donahue v stevenson

Answer 4

you have to take the reasonable care to avoid acts or omissions which could foreseeable affect your neighbour

Question 5

caparo v dickman

Answer 5

is there sufficient proximity?
Was damage foreseeable?
Is it fair just and reasonable?

Question 6

robinson v chief constable of west yorkshire police

Answer 6

there is no need to use the third rule of the caparo test if there is already existing precedent

Question 7

What kind of test is a breach of duty?

Answer 7

objective

Question 8

nettleship v western

Answer 8

learner drivers are help to the standard of a competent driver

Question 9

mullin v richards

Answer 9

children are held to the standard of the reasonable person of the same age

Question 10

orchard v lee

Answer 10

confirms mullin v richards

Question 11

bolam v friern barnet hospital

Answer 11

other people in that profession agree, you’ve met the standard

Question 12

montgomery v lanarkshire health board

Answer 12

clarified bolam, you have to take into account the risk factors.
high risk = high accountability

Question 13

what are some risk factors

Answer 13

in some professions risks are necessary, not always a breach

Question 14

paris v stepney council

Answer 14

they has a special characteristic. bigger risk because of the characteristic

Question 15

bolton v stone

Answer 15

how big is the risk vs the cost of preventing the risk

Question 16

latimer v aec ltd

Answer 16

have they made adequate preventions to recent the risk

Question 17

roe v minister of health

Answer 17

you’re not expected to protect against unknown risks

Question 18

day v high performance sports

Answer 18

in emergency, duty of care is less because you’re under pressure and acting quicker

Question 19

bourhill v young

Answer 19

sufficient proximity

Question 20

kent v griffiths

Answer 20

was damage reasonable foreseeable

Question 21

barnett v chelsea

Answer 21

factual causation

Question 22

mckew v hollands

Answer 22

act of the claimant

Question 23

carslogie steamship

Answer 23

an act of nature

Question 24

knightly v johns

Answer 24

an act of a third party

Question 25

the wagon mound

Answer 25

remoteness of damage

Question 26

smith v leech brain

Answer 26

eggshell skull rule