negligence Flashcards
what the case of Donoghue V Stevenson say
Naighbour Principle- must take reasonable care to avoid acts/omissions which may reasonably foreseeably cause your neighbour harm
what is a neighbour
Neighbour- anyone directly affected by your actions
what case do we use to establish a DoC
Capara V Dickman
What are the 3 tests in Caparo V Dickman and cases
- harm reasonably foreseeable ( Kent V Griffith)
- proximity/relationship (Watson V BBBC/ Nettleship V Weston)
- fair, just, and reasonable to impose DoC (Hill V CCWY)
What does the case of Robinson V CCWYPS describe
A pre existing DoC through previous precedent
case for DoC from teacher-student
Mullins V Richard’s
What is the the case of Bollum V Friern Barnet Hosptial for in relationship to DoC
DoC from doctor-patient
What is case for DoC from employer-employee
Watson V BBC & R V Adomako
Andrew’s V DPP & Nettleship V Weston are cases for what
pre existing DoC from driver-passengers/pedestrians
DoC from solicitor/barrister-client case?
Hall v Simons
What is Bolton V Stone for?
DoC from Sports Venue-Neighbours
What is the case for people competing in competitive sports
Condon V Basi
What is the Case for Breach of Duty and what does it say?
Blythe V Birmingham Waterworks- breach=falling below standards of reasonable person
standard of reasonableness=objective test
What are the 4 categories which held determine level of care
Professionals
Children
Level of Skill
Children
What is the case for professionals
Bolam V Friern Barnet Hospital
What is the law on learners & case ?
Held to same standard as a competent person (Nettleship V Weston)
What is the case for children in breach of duty
Mullins V Richards
Case for level of skill
Wells V Cooper
What are risk factors ?
things that may mean the standard of care owed will be higher/lower
What does a special characteristic mean?
A higher standard of care owed (Paris V Stepney Borough Council)
What is magnitude of risk?
How big is the risk? Bolton V Stone
What does practicality of precautions entail?
How easy/cheap would it have been for the D to avoid the risk- Latimer V AEC Ltd.
What is the case of Roe V Minister of Health
Known risk=no breach
What does a social benefit mean for the standard of care?
If in order to help society- Watt V Hertfordshire CC
What 2 things must be proved for damage?
Causation and Remoteness
Barnet V Chelsea & Kensington Hosptial relates to what ?
‘But for’ test- factual causation
What is legal causation in regards to damage
NAI
actions by claimant- Corr V IBC Vehicles
actions by nature- Carsolgue Steamship
actions by 3rd party- Knightly V Johns
How many tests are there for remoteness
3
What is the first test for remoteness
Was the damage/harm reasonably foreseeable? - Wagon Mound No.1
What is the second test for remoteness
Type of damage/harm reasonably foreseeable - Bradford V Robinson Rentals
What is the last test for remoteness
‘Thin Skull’ Rule - Smith V Leech Brain
(unless unknown to medical science - Doughty V Turner Asbestos)
What is Negligence and what case was it defined in by Lord Alderson
Blyth V Birmingham Waterworks “failing to do something the reasonable person would do, or do something RP wouldn’t
