negligence

Question 1

what the case of Donoghue V Stevenson say

Answer 1

Naighbour Principle- must take reasonable care to avoid acts/omissions which may reasonably foreseeably cause your neighbour harm

Question 2

what is a neighbour

Answer 2

Neighbour- anyone directly affected by your actions

Question 3

what case do we use to establish a DoC

Answer 3

Capara V Dickman

Question 4

What are the 3 tests in Caparo V Dickman and cases

Answer 4

1. harm reasonably foreseeable ( Kent V Griffith)
2. proximity/relationship (Watson V BBBC/ Nettleship V Weston)
3. fair, just, and reasonable to impose DoC (Hill V CCWY)

Question 5

What does the case of Robinson V CCWYPS describe

Answer 5

A pre existing DoC through previous precedent

Question 6

case for DoC from teacher-student

Answer 6

Mullins V Richard’s

Question 7

What is the the case of Bollum V Friern Barnet Hosptial for in relationship to DoC

Answer 7

DoC from doctor-patient

Question 8

What is case for DoC from employer-employee

Answer 8

Watson V BBC & R V Adomako

Question 9

Andrew’s V DPP & Nettleship V Weston are cases for what

Answer 9

pre existing DoC from driver-passengers/pedestrians

Question 10

DoC from solicitor/barrister-client case?

Answer 10

Hall v Simons

Question 11

What is Bolton V Stone for?

Answer 11

DoC from Sports Venue-Neighbours

Question 12

What is the case for people competing in competitive sports

Answer 12

Condon V Basi

Question 13

What is the Case for Breach of Duty and what does it say?

Answer 13

Blythe V Birmingham Waterworks- breach=falling below standards of reasonable person
standard of reasonableness=objective test

Question 14

What are the 4 categories which held determine level of care

Answer 14

Professionals
Children
Level of Skill
Children

Question 15

What is the case for professionals

Answer 15

Bolam V Friern Barnet Hospital

Question 16

What is the law on learners & case ?

Answer 16

Held to same standard as a competent person (Nettleship V Weston)

Question 17

What is the case for children in breach of duty

Answer 17

Mullins V Richards

Question 18

Case for level of skill

Answer 18

Wells V Cooper

Question 19

What are risk factors ?

Answer 19

things that may mean the standard of care owed will be higher/lower

Question 20

What does a special characteristic mean?

Answer 20

A higher standard of care owed (Paris V Stepney Borough Council)

Question 21

What is magnitude of risk?

Answer 21

How big is the risk? Bolton V Stone

Question 22

What does practicality of precautions entail?

Answer 22

How easy/cheap would it have been for the D to avoid the risk- Latimer V AEC Ltd.

Question 23

What is the case of Roe V Minister of Health

Answer 23

Known risk=no breach

Question 24

What does a social benefit mean for the standard of care?

Answer 24

If in order to help society- Watt V Hertfordshire CC

Question 25

What 2 things must be proved for damage?

Answer 25

Causation and Remoteness

Question 26

Barnet V Chelsea & Kensington Hosptial relates to what ?

Answer 26

‘But for’ test- factual causation

Question 27

What is legal causation in regards to damage

Answer 27

NAI
actions by claimant- Corr V IBC Vehicles
actions by nature- Carsolgue Steamship
actions by 3rd party- Knightly V Johns

Question 28

How many tests are there for remoteness

Answer 28

3

Question 29

What is the first test for remoteness

Answer 29

Was the damage/harm reasonably foreseeable? - Wagon Mound No.1

Question 30

What is the second test for remoteness

Answer 30

Type of damage/harm reasonably foreseeable - Bradford V Robinson Rentals

Question 31

What is the last test for remoteness

Answer 31

‘Thin Skull’ Rule - Smith V Leech Brain
(unless unknown to medical science - Doughty V Turner Asbestos)