Negligence

Question 1

What is Negligence?

Answer 1

Negligence is doing something a reasonable person would not do or failing to do something a reasonable would do as defined by Baron Alderson In Blythe V Birmingham water works

Question 2

Robinson Approach ?

Answer 2

Robinson Approach states that there must be a pre-existing or analogous precedent for a duty of care to be established.

Question 3

Robinson case example

Answer 3

Robinson V CC west Yorkshire police: knocked off my two police trying to apprehend a drug dealer.
HELD: when there is an existing, or analogous precedent then a duty of care can be established.

Question 4

What are the 3 element of Caparo test

Answer 4

Foreseeable
proximate
Fair just and reasonable

Question 5

Foreseeable

Answer 5

The court will ask is it reasonably foreseeable that D’s careless act will result into loss or injuries
case example; Kent V Griffiths

Question 6

Proximate

Answer 6

The court will determine whether the parties are in relationship of proximity
Relatial proximity- relationship
Temporal Proximity -space and time
case example; Bourhill V Young

Question 7

Fair just and reasoable

Answer 7

It must be fair just and reasoable for a duty of care to exist
case example; Hill V CC West Yorkshire police.

Question 8

Breach of duty

Answer 8

For a successful claim in negligence, the claimant must demonstrate that the defendant has breached their duty of care.

Question 9

Who is an Ordinary person?

Answer 9

An ordinary person is the man and woman on the London Underground.
An ordinary person will be held to the standartd of a reasoable person

Question 10

Bolam test?
case example?

Answer 10

Bolam test is a test for professionals which questions if a reasonable persoon or competent body of professional opinion have acted in the same way.
Bolam V Frien Hospital

Question 11

The Montogmery test

Answer 11

This requires the doctor telling his patient all risk involved in a procedure, medical treatment or surgery given
case example; Montogmery V Lanarkshire.

Question 12

What is the rule with learners

Answer 12

A learner would be held to the standard of an experienced person.
case example; Netleship V Western

Question 13

what is the rule with children

Answer 13

A child would be held to the standard of a reasonable child of their age.
case example; Mullin V western

Question 14

What are the 5 risk factors which would be considered when a breach is established

Answer 14

Special characteristics
Size of risk
Cost and effort required for precaution .
Knowlege of danger
Public benefit

Question 15

Explain special characteristics
case example?

Answer 15

Where a claimant is a special character, it is the responsibility of the defendant to increase proctection against potential risk
case example; Paris V Stephney BC

Question 16

Explain size of risk
case example?

Answer 16

if the risk of the harm is likely, then precaution should be in place to reduce the risk as much as possible.
case example ; Bolton V stone

Question 17

Explain cost and effort required for precautions

Answer 17

When the defendant has taken reasonable precaution to protect against a risk they are not expected to go large expense or effort to comepletely eradicate the risk
case example; Latimer V AEC

Question 18

Explain Knowldge of the danger
case example?

Answer 18

When the risk is unforeseeable, then the defendant will not be in breach of their duty when the risk occurs
when the risk is foreseeable then the defendant will be in breach of their duty
case example; ROE V Minister of health

Question 19

Explain Public benefit
case example?

Answer 19

Where the defendant is carrying out a risk which will have a public benefit such as saving a human life, this will outweigh the need to take precautions
case example; Watt V Hertfordshire CC

Question 20

What is Factual causation
case example

Answer 20

But for the defendant actions, would the loss or damage have occured as it did when it did
case example; Barnett V Chealsea Kensignton

Question 21

What are the three element of legal causation

Answer 21

Act of claimant
Act of third party
Act of God

Question 22

Explain Act of claimat
case example?

Answer 22

Where a claimant does something unreasonable and unforeseeable then they will break the chain of causation
case example; McCkew V Holland, Hannen and cubbits

Question 23

Explain Act of third party
case example;

Answer 23

Where a third party does soemthing unreasonable and unforseeable and causes injury to the claimant
knightly V John

Question 24

Act of God

Answer 24

an act of God is an unforeseeable natural event which breaks the chain of causation
no case example

Question 25

Explain Legal causation remoteness of damage
case example

Answer 25

The injury or damage must be reasonably foreseeable
The Wagon Mound

Question 26

Explain the Thin skull rule
case example?

Answer 26

You must take your victim as you find them
case example; Smith V Leech brain