Negligence Flashcards
What is a tort
A tort is a civil wrong that unfairly results in loss or harm to another
What did Baron Alderson define negligence as:
‘Failing to do something which the reasonable person would do or doing something which the reasonable person would not do’ - Blythe v Birmingham Waterworks Co
What can negligence come from
An act or an omission and applies to damage to people or property
What is the test for establishing a negligence claim
The person will only be liable if they:
1. Owe the Claimant a duty of care
2. They breach this duty
3. This breach causes injury or damage
What are the two different tests for duty of care
Caparo test (novel)
Robinson test (established)
What are the 3 parts of the caparo test
- Is the damage or harm reasonably forseeable (Kent v Griffiths)
- Is there a close and proximate relationship (Bourhill v Young)
- Is it fair, just and reasonable to impose a duty (Hill v CCWY)
Kent v Griffiths
Facts: C was having an asthma attack. The ambulance was called but it didn’t show until significant time has passed.
Held: Damage or harm was reasonably foreseeable so the ambulance service was liable
Bourhill v Young
Facts: A pregnant women heard, but didn’t see, a motorcycle accident. Her baby was stillborn and she sued the motorcyclists family
Held: there was not a proximate relationship between the motorcyclist and C so there was no successful claim
Hill v CCWY
Facts: C’s daughter was killed by the Yorkshire Ripper; C sued the police on the grounds that they had enough information to arrest him before he had a chance to kill her child
Held: police not to owe a DOC to the public
Robinson v Chief Constable of West Yorkshire Police
Facts: Two police officers injured an innocent woman when arresting the D
Held: DOC owed by police
Doctors-Patients
Bolam v Friern
Held: no breach of duty. Bolam test has key authority for the principle that there is a DOC from doctor to patient
Manufacturers-Consumers
Donoghue v Stevenson
Held: manufactures owe a DOC to consumers
Employers-Employees
Paris v Stepney Borough Council
Held: D was in breach of DOC to their employee
Chef/caterer-Consumer
Food Safety Act
Held: chefs or caterers owe a DOC to anyone who will consume their food
Driver/Road users- pedestrians
Nettleship v Western
Held: drivers, even if a learner owe a DOC to pedestrians
Solicitors/Barristers-Clients
Hall v Simon
Held: B/S owe a DOC to their clients. No longer protected by immunity
Police - public
Robinson v CCWY
Held: DOC owed by police to public
Teacher - Students
Carmarthenshire County Council v Lewis
Held: nursery owed a DOC to motorists to ensure their children don’t escape onto the road
Once a DOC has been established, what must the C do next
Prove that the duty has been broken. This is an objective test.
What 4 categories will the courts use to decide whether there is a BOD
The reasonable man
Professional standard (reasonable professional)
Learners (reasonable learner)
Children and young people (reasonable child)
