Negligence

Question 1

What are the elements of Negligence?

Answer 1

• Duty of Care
• Breach of Duty
• Factual Causation
• Remoteness of damage

Question 2

Explain Duty of Care
what principle is associated with it and from which case?

Answer 2

Owed to another if it is reasonably foreseeable that they’d be injured by D’s act or omission
- Donoghue v Stevenson

Question 3

How is a Duty of Care established?
Which Tests and Cases are used?

Answer 3

• Caparo v Dickman (Caparo Test)
• Robinson v CC West Yorkshire (Caparo Redefined)

Question 4

Explain the elements of the Caparo Test - with case examples for each element

Answer 4

• Harm is reasonably foreseeable (Kent v Griffiths)
• There’s sufficient proximity between D+C (Bourhill v Young)
• It’s just/fair/reasonable to impose duty of care on D (Hill v CC West Yorkshire)

Question 5

Explain the elements of the Caparo Redefined Test

Answer 5

• No definitive test to establish Duty of Care
• An incremental approach should be taken
• precedent should be referenced first
• Caparo test should be used in novel cases

Question 6

Examples of established Duties of Care?
(Precedent)

Answer 6

• Doctor/Patient
• Sportsman/Other Players
• Driver/Other Road users
• Lawyer/Client
• Employer/Employee

Question 7

Which case established the Doctor/Patient duty of care?

Answer 7

Montgomery v Lancashire

Question 8

Which case established the Sportsman/Other Players duty of care?

Answer 8

Condon v Basi

Question 9

Which case established the Driver/other Road Users duty of care?

Answer 9

Nettleship v Weston

Question 10

Which case established the Lawyer/client duty of care?

Answer 10

Arthur JS Hall v Simons

Question 11

Which case established the Employer/Employee duty of care?

Answer 11

Walker v Northumberland CC

Question 12

Explain Breach of Duty
How is it established?
Which case?

Answer 12

D falls below expected standard of care
- An objective test - Reasonable person Test
- Vaughn v Menlove

Question 13

Factors affecting standard of care - with cases

Answer 13

• Risk of harm (Paris v Stepney)
• Reasonable Precautions (Latimer v AEC)
• Social Utility (Tomlinson v Congleton)

Question 14

Explain how Factual Causation is established

Answer 14

‘But For’ Test
- Would the claimant not have suffered harm but for D’s negligence?
(Barnett v Chelsea)

Question 15

Explain Remoteness of Damage and how it’s established
- with cases

Answer 15

Was C’s injury a reasonably foreseeable consequence of D’s Breach?
- The Wagon Mound (+No.2)

Question 16

Explain the Thin Skull Rule with cases

Answer 16

D is still liable for C’s unforeseeable/uncommon reaction to D’s negligence (Take victim as they’re found)
- Smith v Leech Brain
- Corr v IBC