Negligence Flashcards
What case established the ‘neighbour’ principle in the law of negligence?
Donoghue v Stevenson [1932]
What three elements must a claimant show to succeed in a claim for negligence?
- The defendant owed a duty of care to the claimant. 2. There was a breach of that duty. 3. Relevant damage or injury was caused to the claimant by that breach.
What is the significance of the case Caparo Industries PLC v Dickman [1990]?
It modified the ‘neighbour’ principle and established a three-part test for establishing a duty of care.
What are the three parts of the test established in Caparo Industries PLC v Dickman?
- Harm must be reasonably foreseeable. 2. The parties must be in a relationship of proximity. 3. It must be fair, just, and reasonable to impose liability.
What does the reasonable man test measure?
The standard of care expected from a person in a negligent situation.
What case is used to illustrate the application of the reasonable man test?
Blyth v Birmingham Waterworks [1856]
In the context of negligence, what does ‘causation’ refer to?
The link between the defendant’s act or omission and the injury or loss suffered by the claimant.
What is the ‘but for’ test used for?
To prove factual causation in negligence cases.
What is the ruling in Barnett v Chelsea & Kensington Hospital [1969]?
The hospital was not liable because the claimant would not have lived even if he had been treated.
What are the two forms of causation in negligence law?
Factual causation and legal causation.
What does ‘Novus Actus Interveniens’ mean?
A new intervening act that can break the chain of causation.
What case illustrates a break in the chain of causation?
McKew v Holland [1969]
What is the significance of the Thin-Skull Rule in negligence?
It holds the defendant liable for the full extent of the injury, even if the injury is more severe than expected due to a pre-existing condition.
What case established the Thin-Skull Rule?
Smith v Leech Brain [1962]
How is the test for remoteness defined in negligence cases?
The test is based on reasonable foreseeability of the type of damage caused.
What case exemplifies the test for remoteness?
Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (Wagon Mound) (No. 1) [1961]
Who created the neighbour principle?
Lord Atkin.
What case modified the neighbour principle?
Caparo Industries PLC v Dickman [1990].
What does ‘proximity’ refer to in the context of the duty of care?
The closeness or direct relationship between the parties in a negligence claim.
What case demonstrates the principle of foreseeability?
Jolley v Sutton Borough Council [2000].
In negligence law, what does the term ‘duty of care’ entail?
An obligation to avoid acts or omissions that could foreseeably cause harm to others.
What is considered when evaluating the ‘standard of care’?
The behaviour expected of a reasonably competent person in the same circumstances.
What is the role of the reasonable man in negligence cases?
To provide an objective standard against which a defendant’s conduct is measured.
What does it mean for a defendant to show a standard of care ‘less than’ that of a reasonable person?
It indicates a breach of duty in a negligence claim.
