Negligence Flashcards
What is negligence?
A common tort law created by judicial decisions
When does negligence arise?
When a claimant suffers injury, loss or damage to property as a result of the acts or omissions of the defendant.
Which case defined negligence?
Blyth v Birmingham Waterworks Co. 1856
Leaked fire plug- causing water damage
Which three terms make the D liable?
They owe a duty of care to the claimant
The duty of care has been breached
The breach causes damage which is reasonably foreseeable
What is the role of Duty of Care?
To establish a legal relationship between parties
What case reconsidered Duty of Care and establish the neighbour principle?
Donoghue v Stevenson 1932
What is the neighbour principle?
The broad principles of owning a legal duty of care and general liability in negligence
Which case was introduced and set out a three part test to decide if a duty of care was owed?
Caparo v Dickman 1990
What at the three parts of the Caparo test?
Was the damage or harm reasonably foreseeable?
Is there a sufficiently proximate relationship between the claimant and the defendant?
Is it fair, reasonable and just to impose a duty?
What are two criticisms of the three part Caparo test?
Lawyers and judges applied this to every negligence situation- was not intended
Police used it to argue they did not owe a duty of care to MoP which no previous dealing
Which case was used to develop Caparo v Dickman 1990?
Robinson v Chief Constable of West Yorkshire 2018
What is the effect of Robinson?
No definitive test to decided duty of care
Should always follow similar precedent
Novel situation- Caparo test must be followed
