Negligence Flashcards
What’s good about Robinson v Chief of West Yorkshire Police?
Keeps law consistent and fair, which allows for better dispute preparation.
What’s bad about Robinson v Chief of West Yorkshire police?
If situations have never been seen in court, it won’t be easy to show they were owed a D.o.C in these situations.
What’s good about adjusting the standard of care?
More skilled people are held to a higher standard of care; they are more knowledgeable than the reasonable person.
Children aren’t punished for not acting reasonably.
What’s bad about adjusting the standard of care?
The rule of Nettleship is harsh as learners are not treated as competent people, but it is justified because learners should be extra careful. After all, it’s dangerous.
Positive evaluation points that asses the risk of D’s actions.
A person only has to do reasonable things.
No obligation to eliminate the risks.
If there’s a higher chance of injury, then you should be extra careful.
This approach is logical, fair and sensible.
Negative evaluation points that asses the risk of D’s actions.
Can be challenging for claimants to prove.
In Latimer v AEC, the claimant was clearly entitled to compensation because he was injured while at work due to flooding
but the court disagreed.
Positive points about remoteness
Hold people to account for predictable damage is fair
Ensures defendants have adequate health and safety cause they will be responsible for most injuries that happen.
Negative points about remoteness
Unfair when damage is disconnected from negligence.
Leech Brain, Mr Smith is unaware of the dominant cancer cells.
A person can sue for damages you expect but can be more serious later.
What’s the introduction to negligance?
The tort of negligence is defined in common law. Its elements from Donoghue v Stevenson are:
The duty of care;
The duty of care was breached;
The breach caused damage
And the damage was not too remote.
If the defendant is found liable they will owe the claimant compensation
What’s the introduction for the letter?
The letter will cover:
What you can claim for
How to get legal advice
Alternate dispute resolution
Court procedures
