Negligence Flashcards
What 3 things need to be established in a negligence claim?
Duty of care, breach of duty, damage (causation)
What is the case that says duty of care can be shown using pre-existing duties from a past precedent and judges reason by analogy?
Robinson v CC of WY
What happens in a novel situation?
The caparo test
What is the case for employer to employee?
Paris v Stepney
What is the case for learner to driver?
Nettleship v Weston
What is the case for children?
Mullins v Richard’s
What is the case for manufacturer to consumer?
Donaghue v Stevenson
What is the case for professionals?
Bolam v Friern
What is the case for an ammeter performing a task?
Wells v Cooper
What is the case for sportsman?
Bolton v Stone
What is the case for ambulance to patient?
Kent v Griffiths
If a defendant has breached their duty, what have they fallen below?
The standard of care
What do you consider in a breach of duty application question?
Standard of care & risk factors
What is considered in the standard of care?
- reasonable person
- who is the D compared to
- are there special characteristics
.child~Mullins V Richard’s
.learner~ Nettlship v Western
.professional~ Bolam v Friern HMC - why did the D breach
- what should they have done
What is considered in the risk factors?
-size of the risk
- practical precautions
- known risk?
- social utility~ benefits?
- any special characteristics of C
What are the two things considered in damage application?
Factual causation & legal causation
What is considered in factual causation?
- but for test following case of Barnett v Chelsea and Kensington hospital
-intervening acts
. Act of a third party~ Home Office v Dorset Yacht
. C’s own acts ~ Mckew v Holland
. Act of nature- Carlogie steamship g Norwegian Government
What is considered in legal causation?
- remoteness test following The Wagon mound No1~ the type of damage must be reasonably forseable and not too remote
- forseable type of damage + unforseable circumstance= still liable (Hughes v lord Advocate)
- extent of damage doesn’t matter if type is forseable (Bradford v Robinson Rentals
- Thin skull rule~ (Smith v Leach Brain
