Negligence Flashcards
What is negligence?
A tort where an act or omission causes injury to a person or damage to a person’s property.
Who is the burden of proof on?
The claimant on the balance of probablities.
What is element one?
The defendant must owe the claimant a duty of care.
What did Donoghue state regarding duty of care?
The defendant owes a duty of care to those closely affected by his actions.
What did Caparo set out?
A three stage tests for a duty of care?
What are the three stages of the Caparo test?
- One : was the damage/harm reasonably forseeable?
- Two: is there proximity of relationship between the defendant and claimant?
- Three: Is it fair, just and reasonable to impose a duty?
What happened in Robinson?
What happened in Kent?
What happened in Bourhill?
What is element two?
Breach of duty.
How is it decided if there’s been a breach of duty?
The defendant is judged against a competent equivalent.
What must be considered when deciding if there’s been a breach of duty?
Risk factors, and greater care may need to be taken.
What happened in Paris-Blind?
What happened in Bolton?
What happened in Latimer?
What happened in Roe?
What happened in Watt?
What is element three?
Causation of damage.
What is factual causation?
If it weren’t for the defendant’s actions the end result would not have happened.
What happened in Barnett?
What is legal causation?
There must be no intervening acts and you should take your victim as you find them.
What happened in Smith?
What is stated regarding Remoteness?
Damage must not be too remote.
What happened in Wagon Mound?
What is stated regarding foreseeableness?
The type of injury must be foreseeable.
What happened in Hughes?
