Negligence Flashcards
Who was negligence originally created by?
Donoghue v Stevenson
What did the supreme court decide in Robinson?
Robinson v CCoWY- if a duty has been owed in a similar situation before, a duty should also be applied in this case
What are the two cases that link to the caparo test?
Jolley v Sutton
Bourhil v Young
Breach of duty case
Blyth v BWC- D doesnt have to do something which a reasonable person would do or D does something a reasonable person wouldn’t do
Factors affecting the reasonable man and standard of care case
Nettleship v Weston- The standard of care to be expected from D was that of an average competent driver
(inexperience doesn’t lower the standard of care)
Profession and expertise case
Bolam v Friern Barnet HMC- Being a professional can raise the standard of care expected (professionals compared to other pro’s)
- D actually has the skills of a pro
- D is acting in a way they would be expected to be a professional
What is the case where D is compared to an amateur
Wells v Cooper
Age can lower standard of care case
Mullin v Richards
What are the 4 risk factors?
Size of risk
Seriousness of potential harm
Practicability of precautions
Benefits of taking risk
Caparo test
Only use if words ‘new’ or ‘novel’ used
1.Would the reasonable person foresee a risk of damage
2. Is there a connection between D and C? (friends don’t count)
3. Is it fair, just and reasonable?
Size of risk cases
Bolton v Stone- Reasonable man will take less precautions against a small risk of harm
Miller v Jackson- If risk of harm is high the reasonable man will take more precautions
Seriousness of potential harm case
Paris v SBC- Reasonable man will take more care when the harm to C could be serious
Practicability of precautions
(ALWAYS USE AS RISK 1)
Paris v SBC-
precautions could’ve been provided
Latimer v AEC- The reasonable man will take precautions which are proportionate to size of risk and seriousness of harm
Potential benefits of taking risk case
Watt v HCC- reasonable man will take a risk if the potential benefit to be gained outweighs the risk
What is the case for the but for test in negligence?
Barnett
What is the case if intervening acts are foreseeable and reasonable?
Reeves v MPC
What is the case if intervening acts are unforeseeable and unreasonable?
Wilkin-Shaw v Fuller
What is the case when the damage is reasonably foresseable
The Wagon Mound
What is the case for how damage is caused?
Hughes v Lord advocate
What is the case for extent of damage is irrelevent?
Bradford v robinson
What is the case for the extent of harm can be unforseeable?
Bradford v Robinson Rentals
What does the Law Reform (Contributory negligence) Act 1945 show?
That contributory negligence means the damage awarded to the claimant can be reduced depending on the extent to which the claimant contributes to his own injury (lowers the amount D has to pay)
What did the court decide to do in Sayers v Harlow UDC?
Reduced damages by 25% bc C played a part in causing the injury
What is the legal principle in Stermer v Lawson?
C must not know there is a general risk, he must know that there is a risk of what happened actually hapeneing
