NEGLIGENCE

Question 1

Definition of Negligence

Answer 1

Failing to do something the reasonable person would do or doing something that a reasonable person would not do - Blyhte V Birmingham Waterworks.

Question 2

3 elements of negligence

Answer 2

duty»breach»damage

Question 3

3 stage test of duty of care

Answer 3

1) damage or harm was reasonably foreseeable 2) sufficient proximate relationship between the claimant and defendant 3) is it fair just and reasonable to impose a duty

Question 4

where is the statue of negligence found

Answer 4

found its origins in Donoghue v Stevenson but was replaces by a more consice 3 stage test by Caparo V Dickman

Question 5

Case for reasonable forseeability

Answer 5

Kent V Griffiths

Question 6

1) proximity of space case
2) proximity of relationship case

Answer 6

1) AG V Hartwell
2)law society v KMPG

Question 7

case and reason for fair just and reasonable

Answer 7

ultimately a public policy reasons

Hill v CC of West Yorkshire

Question 8

What is a breach of duty

Answer 8

Falling below the standard of a reasonable person

Dufose v Melbry Events

Question 9

learners

Answer 9

Nettleship v Weston

held to the standard of a competent driver

Question 10

children

Answer 10

mullins v richards

reasonable person of defendants age

Question 11

special characteristics

Answer 11

paris v stepney

worker who was already blind in one eye

Question 12

appropriaate precatuions

Answer 12

Latimer v AEC

Question 13

but for test

Answer 13

barnett v Chelsea and Kensington hospital

Question 14

remoteness

Answer 14

the wagon mound

Question 15

professionals case

Answer 15

bolam v friend barnett hospital