Negligence Flashcards
When is a person negligent? (Intro)
If he acts carelessly towards someone whom he has a legal duty to act carefully there fore causing damage to that person or his property
What are the 5 elements in negligence that need to be established
1)duty of care
2)breach of duty
3)risk factors
4)damage
5)defences
How to establish a duty of care in a general situation and what case
Robinson v ccwy police states that a duty can be owed if there is
judicial precedent or
A duty reasoned by analogy if a duty is similar to another duty
How is a duty established in novel situations where not precedent exist
The 3 part caporo test from the case of caporo v dickman
What type duty was owed in nettleship v Weston
Drivers to passengers and other road users
The court ruled that this duty can extend to anyone impacted by the drivers actions
What type duty was owed in White House v Jordan
Doctor to patient
This duty extends to anyone receiving treatment or medical advice
What type duty was owed in condon v basi
Sportsman to other players
This includes opponents and team mates
What type duty was owed in walker v Northumberland cc
Employer to employee (specifically about their mental heath)
This out extends to an employees physical health
What test will be used to establish breach of duty
The reasonable man test
What is the reasonable man test?include a case
We look to see if D either
Has failed to do something the rm would ( omission)
Blythe v birmingham waterworks this case has an omission
Or
Has d done something that a reasonable rm would not do ( action)
What kind of standard is the reasonable man test based on?
The reasonable man test uses an objective standard, which reflects the actions of an ordinary person. However, this standard can be adjusted based on factors such as whether the defendant is a child, a learner, or a professional.
What happens to the rm test when d is a child
When achild is involved the test changes and the courts will ask what a reasonable child of the same age as D would do
What case refers to the standard of children
Mulling V Richards-the court asked what would a reasonable child of 15 do
What happens to the rm test when d is a learner
If D is a learner the rm test does not take unto account inexperience they would be held to the same standard as a comptent experienced person doing the same thing
What case refers to standard of learners
Nettleship v Weston - the court said the learner driver owed the same duty as competent experienced driver
What happens to the rm test when d is a expert
For people with specialist skill the test is different they are judged against others in the same profession
What case refers to standard for experts
Bolam v friern hmc- the court said that a doctor should be judged by the standard of care expected from a reasonable doctor not just any average person
So any expert is compared to his peers
What are the risk factors considered in determining breach of duty?6
• Probability of harm
• seriousness of risk
•Cost of precautions
•Social utility
•Common practice
•Special characteristics of the defendant
What does the probability of harm mean, and a case?
It refers to how likely it is that harm will occur. The greater the probability of harm, the greater the duty to take precautions.
Bolton v stone - in this case it was rare so extra precaution were not really needed
Waston v bbbc -getting hurt in this case was not rare so more precaution should have been taken
What does the seriousness of risk mean, and can you provide a case?
It refers to the seriousness of the harm. The more severe the harm, the greater the need to take precautions
Paris v Stepney Borough Council-the employer should have taken extra precautions because with the employer having one eye the the rush was serious
What does the cost of precautions mean, and can you provide a case?
If taking precautions is cheap a person should do it
Latimer v AEC- the court said it was unreasonable to expect the employer to take more expensive precautions
What does social utility mean, and can you provide a case?
If the activity has social benefit the court migh allow a higher risk of harm
Watt v Hertfordshire CC-a fireman was injured while rushing to an emergency the court found that the importance of saving lives out weighed the risk of injury
What does common practice mean, and can you provide a case?
means following what is generally done in the industry or situation. If the defendant does what most people in their field would do, it might be seen as reasonable
Roe v Ministry of Health- a patient was given contaminated medication but at the time the risk was not mown they were just doing what was expected
What does special characteristics of the defendant mean, and can you add a case
If the defendant has special characteristics, such as skills or vulnerabilities, they may be held to a higher standard of care.
Paris v Stepney borough council - one eye
Walker v Northumberland -mental health issues
