Negligence Flashcards
(negligence) 1. D owed C a duty of care
Pre existing (robinson)
(negligence) Driver/road user
Nettleship
(Negligence) doctor/patient
Whitehouse V jordon
(negligence) Sportsman/sportsman
condon v basi
(negligence) Employer/employee
Walker v northumberland cc
(negligence) Police/public
Robinson v chief constable of west yorkshire police
(negligence) lawyer/patient
hall v simmons
(negligence) public body/public
clunis v camden and islington
(negligence) judiciary/public
sirrors v moore
(negligence) fire brigade/public
capital & counties v hampshire cc
What is the first part of the Caparo test in Caparo v Dickman?
Harm/injury was reasonably foreseeable
This means a reasonable man would have foreseen harm, as established in Kent v Griffiths.
What does the second part of the Caparo test assess?
Proximity between C and D: time, space or relationship
This was highlighted in the case of Bourhill v Young.
What is evaluated in the third part of the Caparo test?
Fair, just and reasonable to impose a duty
This is demonstrated in Mulcahy v MOD, considering public policy reasons.
What is the main question to conclude after applying the Caparo test?
Is there a duty?
(2) test- What must be proven regarding breach of duty in tort law?
D owed C a duty of care and D breached that duty.
What is the reasonable man test in tort law?
An ordinary and competent person acts the same as D/did not do
This principle is derived from Blyth v Birmingham Waterworks.
What type of reasonable person is considered in Wells v Cooper?
Ordinary person.
According to Mullins v Richards, what standard is applied for a reasonable child?
Reasonable child.
What standard applies to professionals as established in Bolam v Friern Hospital?
Reasonable professional.
What principle is established in Nettleship v Weston regarding inexperience?
No allowances made for inexperience.
What risk factor considers the likelihood of harm?
Likelihood of Harm/size of risk
This is illustrated in Bolton v Stone.
Which case highlights the characteristics of C as a risk factor?
Paris v Stepney.
What does Latimer v AEC evaluate in terms of risk factors?
Cost of practical precautions.
What does Watts v Herts CC assess regarding risk factors?
Social utility/benefit.
What is the concluding question after assessing breach of duty?
Is there a breach?
What is the definition of factual causation in tort law?
‘but for’ test
Established in Barnett v Chelsea Hospital
What is novus actus interveniens?
An intervening act that breaks the chain of causation
Examples include acts of the claimant, acts of nature, or acts of third parties
What is the significance of the case McKew v Holland?
Illustrates the act of the claimant as a potential novus actus interveniens
What does the case Carslogie Steamship v RNG illustrate?
An act of nature as a potential novus actus interveniens
What does Knightly v Johns illustrate in terms of novus actus interveniens?
An act of a third party as a potential novus actus interveniens
What is the definition of legal causation in tort law?
Damage is reasonably foreseeable and not too remote
Addressed in The Wagon Mound No 1
What is the principle of remoteness of damage?
Damage must be a foreseeable consequence of the defendant’s actions
In which case was it established that type of damage can lead to liability even if not foreseeable?
Bradford v Robinson Rentals
What does Hughes v Lord Advocate illustrate regarding causation?
Sequence of events can lead to liability even if harm was not foreseeable
What is the egg-shell skull rule?
Defendant is liable for the full extent of the injury caused, even if the claimant had a pre-existing vulnerability
Established in Smith v Leech Brain
What is the complete defense of consent in tort law?
Volenti: claimant knows the risk and consents to it
Illustrated in Morris v Murray
When is consent not considered freely given?
When the claimant has little choice or feels a moral obligation
Illustrated in Smith v Baker and Haynes v Harwood
What is contributory negligence?
Partial defense where the claimant’s own behavior has contributed to their loss
Governed by The Law Reform (Contributory Negligence Act) 1945
What must be established for contributory negligence to apply?
Claimant’s behavior fell below the standard expected of a reasonable person
What is illustrated by Brannon v Airtours regarding contributory negligence?
Claimant contributed to the accident
What does Froom v Butcher illustrate about contributory negligence?
Claimant made their injuries worse
What are special damages in tort law?
Damages that can be precisely calculated
Example: financial loss or property damage from the accident until trial
What are general damages in tort law?
Damages that cannot be precisely calculated
Includes pain & suffering, loss of amenity, bereavement
What is pecuniary loss?
Future loss of earnings and medical expenses
What is non-pecuniary loss?
Pain & suffering, loss of amenity, bereavement
What guidelines are used for calculating damages?
JSB guidelines and the tariff system set out in Kemn & Kemp
Decide which damages are available to C - APPLICATION to scenario
C is under duty to mitigate losses (Motorways Ltd v Alwahbi)
Conclude: C will/ will not receive damages?
The damages will be paid to the C in either a lump sum or a structured
settlement
The Damages Act 1996.
The C does/ does not have claim? APPLICATION to scenario
