Negligence Flashcards
3 elements of negligence
1) duty of care
2) breach of duty
3) cause of damage
3 elements of duty of care
1) neighbour principle
2) Caparo
3) Robinson
what case is the neighbour principle from
Donoghue v Stevenson
what is the neighbour principle
‘you must take reasonable care to avoid acts or omissions you can reasonably foresee would injure your neighbour’
3 stage caparo test
1) damage foreseeable?
2) proximity?
3) Fair, just and reasonable?
what case stated that damage or harm must be foreseeable to claimant i.e. injury will worsen if ambulance late
Kent v Griffiths
in what case was proximity in terms of physical presence i.e. time and space/ vicinity
Bourhill v Young
in what case was proximity in terms of closeness of relationship (close tie of love + affection)
McLoughlin v O’Brian
what case states that it is unfair to impose duty of care onto public authorities as police cannot apprehend unknown criminals
Hill v CC West Yorkshire
what 2 things did the case of Robinson establish
1) PA do not receive blanket immunity, if they make situation worse, will impose duty
2) when there is an established category no need to apply the Caparo test as inappropriate to do so
2 stages of breach of duty
1) reasonable man test
2) fallen below standard expected?
what case stated that D must be the reasonable and competent man
Blyth v BWW
what characteristics of D will be taken into account under the reasonable man test (3)
- age
- professionals
- medicals
what case stated that children are held to same standard as children of their age
Mullins v Richards
what case states that professionals are held to the same standard as other competent professionals in their field with the same skill set
Bolam
what case states that doctors need to explain potential risks to patients
Montgomery
what case stated that the fact that trainees/ learners/ someone with inexperience will not be taken into account
Nettleship v Weston
what are the 4 risk factors used to decide if D fell below standard expected
1) size of risk
2) precautions
3) special characteristics of C
4) benefit to society
what case stated that D needs to take care against bigger risk, not expected for smaller risk
Bolton v Stone
what case states that D must take reasonable precautions, not expected to take expensive ones
Latimer
what case states that D must take more care if C has a characteristic which makes them more vulnerable
Paris v Stepney
what case states that if risk of injury is outweighed by benefit to society then D has not breached duty
Watts v Hertz
case for factual causation + explain
Barnett v Chelsea - but for beach of duty would damage have occurred
intervening acts (3 + 1 case)
3rd party
C own act
natural cause - Knightly v Johns
