negligence Flashcards
what is a civil offence
- no prison time, just compensation
- the claimant has to prove fault on a balance of probabilities. Burden of proof is on the claimant
Blythe v Birmingham Waterworks
failing to do something that the reasonable person would do or would not do
what are the elements of negligence
- duty of care
- breach caused
- damage caused
donahue v stevenson
you have to take the reasonable care to avoid acts or omissions which could foreseeable affect your neighbour
caparo v dickman
is there sufficient proximity?
Was damage foreseeable?
Is it fair just and reasonable?
robinson v chief constable of west yorkshire police
there is no need to use the third rule of the caparo test if there is already existing precedent
What kind of test is a breach of duty?
objective
nettleship v western
learner drivers are help to the standard of a competent driver
mullin v richards
children are held to the standard of the reasonable person of the same age
orchard v lee
confirms mullin v richards
bolam v friern barnet hospital
other people in that profession agree, you’ve met the standard
montgomery v lanarkshire health board
clarified bolam, you have to take into account the risk factors.
high risk = high accountability
what are some risk factors
in some professions risks are necessary, not always a breach
paris v stepney council
they has a special characteristic. bigger risk because of the characteristic
bolton v stone
how big is the risk vs the cost of preventing the risk
