Negligence Flashcards
Negligence definition
Defined by baron Anderson in Blythe V Birmingham waterworks as doing something the reasonable person would not do or failing to do something the reasonable person would do
How do you establish a duty of care?
The Robinson approach for pre-existing duties of care or the Caparo test
What is the Caparo test?
Foreseeability proximity fair just reasonable e.g Kent
What standard is the reasonable person held to?
Any man or woman on the London underground
What standard are professionals held to?
The bolam principle, which means they are compared to the competent body of the same profession e.g bolam
What are learners held to?
The experienced person E.G Nettleship v western
What are children held to?
A child of the same age E.G Mullins v Richards
What are factors of breach?
Special characteristics, size of risk e.g Bolton v stone , knowledge of danger e.g rose , cost an effort e.g Latimer, public benefit
What is factual causation?
The but for test
What is legal causation?
Foreseeability e.g wagon mound, intervening acts
What is the thin skull rule?
The defendant must take his victims as they find them e.g smith
Defences to negligence
Volenti and contributory negligence
