Negligence Flashcards
Which case shows that where precedent establishes that a duty of care exists in a particular type of case, that the court should follow that precedent?
Robinson v Chief Constable of West Yorkshire
How do you show that someone has breached a duty of care?
If they have not acted as a reasonable prudent person in their position
What case shows that if the defendant is a child, they will be judged against someone their own age?
Mullins v Richard
What case shows that a learner will be judged against a person of average skill?
Nettleship v Weston
What case shows that professionals will be judged against the standards of an expert?
Bolam v Friern Hospital Management
What case shows that enthusiasts will be judged against the standard of an amateur?
Wells v Cooper
What are the risk factors for a duty of care?
1) Vulnerability of the claimant
2) Whether there were practical precautions available
3) The size of the risk
4) Were there benefits from taking the risk
In which case was a higher standard of care owed because the claimant was vulnerable?
Paris v Stepney Borough Council
In which case was the standard of care lower because the defendant had taken reasonable precautions?
Latimer v AEC
In which case was the risk so small that there was a lower standard of care?
Bolton v Stone
In which case was the standard of care lower because there was a benefit from taking the risk?
Watt v Hertfordshire County Council
What is the test and the case for factual causation?
The ‘but for’ test as shown in Barnett v Chelsea Kensington Hospital
In which case was the damage too remote?
Doughty v Turner Manufacturing
What is the case for the foreseeability test?
The Waggon Mound
What is the case for the ‘thin skull rule’?
Smith v Leech Brain
What three aspects must be shown for negligence?
1) Establish a duty of care
2) Show that the duty has been breached
3) Show that the breach caused damage
