negligence

Question 1

what case defines basic elects of negligence

Answer 1

Blyth v Birmingham waterworks
negligence is doing something that a reasonable person wouldn’t do or failing to do something that a reaosnable person would do

Question 2

what are the 3 elements of negligence

Answer 2

duty of care
breach of duty
damage caused by the breach

Question 3

what case confirmed there’s no single test for duty of care

Answer 3

robinson - courts should follow precedent where available

Question 4

what is the caparo v dickman 3 stage test for duty of care when precedent isn’t available

Answer 4

1. forseeability of damage
2. proximity between d and c
3. it must be fair , just and reasonable to impose the duty

Question 5

what case is used to judge a breach of duty

Answer 5

Vaughan v men love - d judged against reasonable person standard

Question 6

what factors are considered when determining breach of duty

Answer 6

• foreseeability of harm
• likely hood of harm
  size of risk
• special characteristics of C

Question 7

what does higher risk mean for the standard of risk

Answer 7

• the higher the risk the higher the standard of care required , the breach becomes easier to prove

Question 8

what is the test for factual causation

Answer 8

but for test
but for the defences action the consequences would’nt have happened

barnett v Chelsea and kinsington hospital

Question 9

what is the test for legal causation

Answer 9

wagon mound no1
damage must be a reasonably foreseeable consequence of Ds actions

Question 10

what can break the chain of causation in negligence

Answer 10

a new intervening act , that is unforeseeable and breaks the link between Ds breach and Cs damage