negligence

Question 1

case that defines basic elements of negligence

Answer 1

Blyth v Birmingham Waterworks.

Question 2

What is the test for duty of care between claimant and defendant?

Answer 2

Robinson - no single test , use precedent where possible

otherwise 3 stage test In caparo v dickman

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Foreseeability of damage.

Proximity between D and C.

Reasonable, just, and fair to impose duty.

Question 3

what factors establish duty of care

Answer 3

foresight of damage
proximity
just and reasonable to impose duty

Question 4

whats a breach of duty

Answer 4

falling below the reasonable person’s standards - Vaughan

standards based on profession, age and competency

Question 4

what factors are considered in determining breach of duty

Answer 4

Foreseeability of harm.
Likelihood of harm.
Social utility.
Special characteristics of the claimant.
Size of the risk.
Known risks.
Appropriate precautions.

Question 5

requirements for damage caused by d

Answer 5

• factural causation - but for test ( Barnett )
• Remoteness of damage (Wagon Mound No. 1).
  No break in the chain of causation (new intervening act).

Question 6

but for test

Answer 6

determines factual casuation

barnett

Question 6

remoteness of damage case

Answer 6

wagon mound

Question 7

breaks chain of causation?

Answer 7

intervening act

Question 8

what did robinson clarify about the test for the existence of a duty of care?

Answer 8

• no single test used for example
• precedent applied to known situations
• caparo test applies to novel situations

Question 9

when does caparo test apply, 3 stages

Answer 9

• novel situations (no clear precedent)

e.g
- foreseeability of harm
- proximity between claimant and D
- fairness justice, and reasonableness of imposing a duty

Question 9

issues with caparo test

Answer 9

1. unclear def of proximity ( e.g what relationships are covered)

2 . overlap of foreseeabiliyu with remoteness of damage

3. ambiguity in applying “just/reasonable/fair” = creates legal uncertainty

Question 10

standard for breach of duty , how does it apply to learners and proffesionals

Answer 10

standard - a “reasonable man” with all required competencies

learners drivers (nettleship), measured against competent drivers, compensation is ensured

professionals - judged against qualified peers (e.g intern doctors must meet standard of experienced doctors)

Question 11

how are vulnerable claimants protected under law

Answer 11

• D owe higher standard of care to vulnerable claimants (e.g disabled) , Paris and haley
• ## ensures health/safety taken seriously