Negligence

Question 1

What is the neighbour principle established in DONOGHUE V STEVENSON?

Answer 1

Anyone so closely and directly affected by my act ought to be in my contemplation.

Question 2

How did CAPARO V DICKMAN modify the neighbour principle?

Answer 2

It introduced a three-part test to establish duty of care.

Question 3

What does the Robinson Test state regarding established duty of care?

Answer 3

It is unnecessary to do the 3rd part of the Caparo test.

Question 4

What is the first part of the Robinson Test?

Answer 4

It is reasonably foreseeable that D’s behaviour might cause loss to another.

Question 5

What is the second part of the Robinson Test?

Answer 5

Is this a situation in which a previous precedent has established that there is a standard duty of care?

Question 6

Provide an example of a duty of care between doctor and patient.

Answer 6

Sidaway v Bethlem Royal Hospital Governors.

Question 7

Provide an example of a duty of care between road users.

Answer 7

Nettleship v Weston.

Question 8

Provide an example of a duty of care between teacher and pupil.

Answer 8

X Minors v Bedfordshire CC.

Question 9

Provide an example of a duty of care between transport operators and passengers.

Answer 9

Silverlink Trains Ltd v Collins-Williamson.

Question 10

Provide an example of a duty of care between custodian and prisoner.

Answer 10

Ellis v Ho.

Question 11

What factors are considered in determining the standard of care required by the reasonable man?

Answer 11

• Special characteristics
• Likelihood of the risk
• Practicality of taking precautions
• Public benefit

Question 12

What case established that special characteristics are a consideration in breach of duty?

Answer 12

Paris v Stepney BC.

Question 13

What case established the likelihood of risk as a consideration in breach of duty?

Answer 13

Bolton v Stone.

Question 14

What case established the practicality of taking precautions in breach of duty?

Answer 14

Latimer v AEC.

Question 15

What case established public benefit as a consideration in breach of duty?

Answer 15

Watt v Hertfordshire County Council.

Question 16

What is the reasonable man test in breach of duty?

Answer 16

D must fall below the standards of a reasonable man.

Question 17

Which case compares D’s actions to a professional’s standards?

Answer 17

Bolam v Friern Barnet Hospital Management Committee.

Question 18

Which case compares D’s actions to a child’s standards?

Answer 18

Mullins v Richards.

Question 19

What is the rule regarding learners in breach of duty cases?

Answer 19

Being a learner is not taken into consideration.

Question 20

What must C prove regarding damage caused by breach of duty?

Answer 20

The damage caused by the breach of duty and that the loss/damage were not too remote.

Question 21

What is meant by factual causation?

Answer 21

But for the defendant’s actions, the damage would not have occurred.

Question 22

What case established the concept of factual causation?

Answer 22

Barnett v Chelsea and Kensington Hospital Management.

Question 23

What are intervening acts in causation?

Answer 23

If there is an intervening act, was the injury or damage a reasonably foreseeable consequence of the original negligence?

Question 24

What does the Wagon Mound case state about damage?

Answer 24

The damage must not be too remote meaning that it must not be too far removed from the breach.

Question 25

What type of injury must be foreseeable for liability?

Answer 25

The type of injury must be foreseeable.

Question 26

In which case was it established that D is liable even if the injury is extreme?

Answer 26

Bradford v Robinson Rentals.

Question 27

What does Hughes v Lord Advocate state about unforeseeable injury?

Answer 27

If the injury is of the type that is foreseeable, it does not matter if it happens in an unforeseeable way.

Question 28

What is the thin skull rule?

Answer 28

Take V as they are (Smith v Leedbrain).