Negligence Flashcards
What case covered situations where the claimant and defendant did not directly know each other?
Donoghue which set up the neighbour principle
Which case first used ‘reasoning by analogy’
Darnley
Which reasonably foreseeable harm case did not display a duty?
Fardon - reasonable probabilities and fantastic possibilities
Which reasonably foreseeable harm case found a duty
Hayley - blind man in manhole
Which proximity case found a relationship between C + D?
Vowles - rugby referee
Which proximity case did not find a relationship?
Bourhill - motorcycle accident and miscarriage
In which FJ+R case found no good precedent due to the situation?
Mulcahy - soldier in combat
Defendant did not have duty
Which FJ+R cases found that the police had no duty?
Hill - Yorkshire Ripper victims mum
Michael - ex boyfriend stabbing
Which FJ+R cases found that the police had a duty?
Robinson - old lady knocked over
DSD & NBV - black cab rapist victims. Sued police for how police treated victims
Which case set the legal definition of negligence?
Blyth ‘failing to do something or doing something the reasonable person would/wouldn’t do’
Which case stated it was possible to be unintentionally negligent?
Blyth - ‘it is an objective stance taking no account of the defendant’s incompetence’
Which case applies to professionals?
Bolam - electric shock treatment
Doctor not found in breach
Which cases strengthened Bolam’s ruling?
Bolitho - the practise must be logically supported
Roe - ‘we must not look at 1947 accidents with 1952 spectacles’
Which case is about drivers?
Nettleship - learner driver standard does not exist. Crash into lamppost
Defendant was liable
Which case is about amateurs?
Wells - door handle
Defendant not in breach
Which case was about children?
Mullin - 15 yr old girls with rulers
Defendant not in breach of
Which case is about special characteristics?
Paris - welding without safety googles
Defendant found in breach - potential consequences warranted precautions
Which case was about a small size risk?
Bolton - cricket ball near house
6 balls in 30 years
Defendant not in breach of- more precautions would have been out of proportion
Which case was about a big risk?
Miller - golf damaged house
9 balls in 2 years, defendant was in breach due to frequency
Which case was about precautions?
Latimer - factory flood (evacuate, signs, sawdust)
Defendant not found in breach, more precautions would have been out of precaution
Which cases found a public benefit?
Watt - fireman hurt during emergency
Defendant not liable ‘saving of life or limb justifies considerable risk’
Daborn - ‘if all trains in country were restricted to 5mph there would be fewer accident but national life would be intolerably slowed’
Which case found damages but not causation (but for test)
Barnett - arsenic poisoning
Defendant not liable as he would have died anyway (damage done but was not cause of death)
Which case found the defendant only responsible for initial damage? (Intervening acts)
Lamb - council broke water then squatters cause more damage
Council only responsible for initial damage
Which case stated that defendant is only liable for foreseeable damage
The Wagon Mound - oil spill led to fire
Defendants responsible for oil damage to slipway but NOT for the fire caused by claimants welding
Which case involved foreseeable damage that was greater than expected?
Bradford - driving back with no heater in winter
Defendant was liable was foreseeable that cold injury could occur l, hypothermia was just more unexpected
Which case involved foreseeable danger that did not occur as expected?
Hughes - boys exploded paraffin lamp
Defendant was liable as burn was foreseeable
Which case involved damage that occurred in a completely unforeseeable way?
Doughty - cauldron lid reacted with molten metal and exploded
Defendant not liable - the way damage was caused was unforeseeable
What is the eggshell rule and what case applies to it?
Defendant must take claimant as they come
If damage is much more serious due to defendants pre-existing condition D is liable for all subsequent consequences
Smith (leech brain) - claimant burnt on lip was more susceptible to cancer and died
Defendant liable for death
