Negligence Flashcards
What is the neighbour principle established in DONOGHUE V STEVENSON?
Anyone so closely and directly affected by my act ought to be in my contemplation.
How did CAPARO V DICKMAN modify the neighbour principle?
It introduced a three-part test to establish duty of care.
What does the Robinson Test state regarding established duty of care?
It is unnecessary to do the 3rd part of the Caparo test.
What is the first part of the Robinson Test?
It is reasonably foreseeable that D’s behaviour might cause loss to another.
What is the second part of the Robinson Test?
Is this a situation in which a previous precedent has established that there is a standard duty of care?
Provide an example of a duty of care between doctor and patient.
Sidaway v Bethlem Royal Hospital Governors.
Provide an example of a duty of care between road users.
Nettleship v Weston.
Provide an example of a duty of care between teacher and pupil.
X Minors v Bedfordshire CC.
Provide an example of a duty of care between transport operators and passengers.
Silverlink Trains Ltd v Collins-Williamson.
Provide an example of a duty of care between custodian and prisoner.
Ellis v Ho.
What factors are considered in determining the standard of care required by the reasonable man?
- Special characteristics
- Likelihood of the risk
- Practicality of taking precautions
- Public benefit
What case established that special characteristics are a consideration in breach of duty?
Paris v Stepney BC.
What case established the likelihood of risk as a consideration in breach of duty?
Bolton v Stone.
What case established the practicality of taking precautions in breach of duty?
Latimer v AEC.
What case established public benefit as a consideration in breach of duty?
Watt v Hertfordshire County Council.
What is the reasonable man test in breach of duty?
D must fall below the standards of a reasonable man.
Which case compares D’s actions to a professional’s standards?
Bolam v Friern Barnet Hospital Management Committee.
Which case compares D’s actions to a child’s standards?
Mullins v Richards.
What is the rule regarding learners in breach of duty cases?
Being a learner is not taken into consideration.
What must C prove regarding damage caused by breach of duty?
The damage caused by the breach of duty and that the loss/damage were not too remote.
What is meant by factual causation?
But for the defendant’s actions, the damage would not have occurred.
What case established the concept of factual causation?
Barnett v Chelsea and Kensington Hospital Management.
What are intervening acts in causation?
If there is an intervening act, was the injury or damage a reasonably foreseeable consequence of the original negligence?
What does the Wagon Mound case state about damage?
The damage must not be too remote meaning that it must not be too far removed from the breach.
