Negligence Flashcards
3 points needed for negligence
Duty of care owed, breach and damage
Robinson v chief constable of West Yorkshire police
Duty of care, where there is an established legal principle no need to go though the caparo test
Caparo test
Foreseeability, proximity, fair just and reasonable
Kent v Griffins
Foreseeability ambulance failed to respond to pregnant lady
Doughty v turner manufacturing
Foreseeability, new reaction
Bourhill v young
Proximity Pregnant on bus, come round corner and sees motorcycle crash
Fair just and reasonable
What is in the best interests of society as a whole
Reasonable persons test
Breach, Blyth v Birmingham did the actions fall beneath those of a reasonable persons in the same circumstances
Nettleship v Weston
Learner driver, incompetent best is not good enough
Mullins v Richard’s
15 yo school girls fighting with rulers
Orchard v lee
Careless to a high degree
Bolam v friern hospital management committee
Higher standerd from professionals
Degree of risk involved
Bolton v stone cricket
Cost of precautions
Latimer v aec took all reasonable steps
Potential seriousness of injury
Paris v stepney one eyed workman
Importance of activity
Watt v Hertfordshire fireman
Loss suffered
Legal and factual causation, type of loss needs to be foreseeable
Wagon mound
Oil damage foreseeable fire not
Smith v leech brain
Molton metal splash cancer
Hughes v lord advocate
Open manhole paraffin lamp, burns
Doughty v turner manufacturing
Asbestos, new reaction
Factual causation
But for test
Barnett v Chelsea hospital management committee
Arsenic poising would of died anyways
Robinson v cc of West Yorkshire police
Doctors owe patients doc
Defences for negligence
Contributory negligence, volenti non fit injuria, act of god, necessity
