Negligence Flashcards
What are the three sections in Negligence?
Duty of Care
Breach of Duty
Damage
What is the neighbour principle in Negligence?
Person who is owed a duty of care
Case for neighbour principle in Negligence?
Donoghue v Stevenson
What replace the neighbour principle in Negligence?
Three part test established by Caparo v Dickman
What are the three sections in the Caparo Test for Negligence with cases?
Was damage or harm reasonably foreseeable? (Kent v Griffiths)
Proximity of relationship (Bourhill v Young/McLoughlin v O’Brien)
Fair, just and reasonable to impose a duty (Hill v Chief Constable of West Yorkshire)
When can the Caparo Test be used in Negligence?
Novel Cases (new cases)
Definition of breach of duty in Negligence?
Duty of care has been broken by failing to reach the required standard of care
Cases for breach of duty in Negligence?
Bolam v Friern Barnett Hospital Management Committee
Nettleship v Weston
Point of law in Bolam v Friern Barnet Hospital Management Committee in Negligence?
Professional is judged by another professional
Point of law in Nettleship v Weston in Negligence?
Learner is judged at the standard of an experienced person
What are the two questions asked in breach of duty in Negligence?
Does the D’s conduct fall below the standard of the ordinary, competent, member of that profession?
Is there a substantial body of opinion within the profession that would support the course of action taken by D?
What are the 6 risk factors in Negligence with cases?
Special Characteristic - Paris v Stepney Borough Council
Small Risk - no breach - Bolton v Stone
High Risk - breach - Haley v London Electricity Board
Appropriate precaution - no breach of duty- Latimer v AEC Ltd
Unknown risk - no breach - Roe v Minister of Health
Public Benefit - Watt v Hertfordshire County Council
Definition of Damage in Negligence?
Damage suffered was caused by the breach of duty
What two elements need to be considered in damage for Negligence?
Causation
Remoteness of Damage
Factual causation for damage in Negligence and a case?
“But for” Test - Barnett v Chelsea and Kensington Hospital Management Committee
What can break the chain of causation in Negligence?
Intervening Act
What does remoteness of damage mean in Negligence and case?
Damage not too remote from the negligence of D - The Wagon Mound
Point of Law in Hughes v Lord Advocate in Negligence?
D will be liable if injury is foreseeable
Definition of Eggshell Skull and case in Negligence?
Take victims as you find them - Smith v Leech Brain and Co
