Negligence Flashcards
What case defined negligence?
Blythe v Birmingham Waterworks Failing to do something a reasonable person would do /doing something a reasonable person wouldn't
Which case defined duty of care?
Donoghue v Stevenson Must take reasonable care to avoid acts/omissions that you can reasonably foresee to harm one's neighbour
Who is a neighbour?
Someone closely affected by your acts/omissions
What case tells us when to use the Caparo Test?
Robinson v C.C West Yorkshire Only in novel situations
What is the first element of the Caparo test?
Reasonably Foreseeable Kent v Griffiths
What is the second element of the Caparo Test?
Close proximity Bourhill v Young
Which case states that witnessing the immediate aftermath is proximate?
McLoughlin v O'brien
What is the third element of the Caparo Test?
Just
What two tests are used to find a breach of duty?
Reasonable man Test Risk Factors
What is the reasonable man test for DIY?
Wells v Cooper Compared to reasonable man doing DIY
What is the reasonable man test for children?
Mullins v Richards Compared to reasonable child of that age
What is the reasonable man test for learners?
Nettleship v Weston Compared to a professional of that occupation
What is the reasonable man test for professionals?
Bolam case Compared to ordinary competent member of profession Substantial body of opinion must support D's actions
Which case built on the Bolam case?
Bolitho Case Judge can ignore body of opinion if believes actions are illogical
What is the first risk factor?
Special Characteristics Paris v Stepney
What is the second risk factor?
Size of Risk Bolton v Stone
Which case states what happens if the risk is unknown?
Roe v MOH No breach if risk is unknown
What is the third risk factor?
Precautions Latimer v AEC
What is the fourth risk factor?
Benefit of risk Watt v Hertfordshire CC
How is factual causation tested?
Barnett v Chelsea "but for" test
Which case states type of damage must not be too remote?
Wagon Mound Case Type of damage was not foreseeable
Which case builds on this?
Hughes v Lord Advocate Type of injury was foreseeable even if method wasn't
Which case defined the egg shell skull rule?
Smith v Leech Braine
Which case defines intervening act of a 3rd party?
Home Office v Dorset Yacht Act of 3rd party must be foreseeable for D's liability
