Negligence Flashcards
1
Q
Negligence
A
Failure to take proper care
2
Q
Duty of care
A
Established in 3 ways
Statue
Precedent
Novel situations
3
Q
Statute
A
Raid traffic act 1988
Health and safety at work act 1974
4
Q
Robinson
A
Elderly lady suffered injuries from police officer when attempting to catch a criminal
Not an omission
Applied Capara test
5
Q
Precent
A
Donough v Stevenson
6
Q
Novel situations
A
Rare
Neighbour principle
Hill- 1989 last victim of Yorkshire ripper
7
Q
3 part test
A
Caparo V dickman 1990
Foreseeable
Proximity
Reasonable
8
Q
Breach of duty
A
Standard of care
9
Q
Risk factors
A
Claimants characterises
Size of risk
Practical precautions
Public benefit
Knowledge
10
Q
Caused damage
A
Factual causation - But for test
Remoteness
Novus actus interveniens - an intervening act
