negligence

Question 1

D may be liable for negligence, if C can prove..

Answer 1

that D owed a duty of care,breached it and the damage caused by the breach was not too remote.

Question 2

Where was Duty Of Care defined

Answer 2

Winterbottom V Wright and Heaven V pender. Donoughue V stevenson established= “ you should take care to avoid acts and omissions that you can reasonably forsee may injure your neighbour”

Question 3

DoC…

Answer 3

If novel case= Caparo Rules
Caparo V Dickman established a three part test that determines whether someone owes a duty of care. Foresight, Proximity and that it is fair, just and reasonable to impose the Duty.
If Established Duty= Robinson
Robinson V West Yorkshire Police Station established that there is not one single definitive test for duty of care.In the first instance the courts will look if there is an existing preceden or statutory authority.Lord Reed defined some special cases - employer to employee, landlord to tenant, manufacturer to consumer, motorist to road user.

Question 4

Breach Of Duty

Answer 4

D’s standard of care falls below that expected of the reasonable man.This is an objective test(Vaughan V Menlove) defined in blyth v birmingham waterworks.

Question 5

what are the 3 situations where D’s standard of care will be taken into consideration

Answer 5

If D is an Child- compared to a child of same age
If D is a Professional- compared to a reasonably competent proffesional& must be a responsible body to support their actions
If D is a learner/trainee- compared to a qualified person

Question 6

Risk factors…

Answer 6

may raise or lower the standard of care.
Size of the risk is high then this raises standard of care.
D is expected to take the adequate precautions to reduce the risk in proportion to the size, in terms of cost and practicality.
Social Utility have a lower standard of care e.g emergency services
Special characteristics of the claimant raise the standard of care.

Question 7

Damage

Answer 7

Causation - Factual and Legal
Remoteness- How reasonably forseeable it was at the time of the breach.D will be liable for the harm that was reasonably forseeable at the time.
IR= D liable for the full extent of the damage as long as the general damage was forseeable
IR= Still liable for da,age that may have occurred due to a hidden weakness of the claimant, as long as the genral damage was reasonable forseeable.(think skull rule) must take victim as he finds them.

Question 8

Defences

Answer 8

Contributorary Neglgence= reduces damage to the extent that C contributed to their own injuries.
Volenti non fit injuti(consent)= reduces damages if C consented to the harm , by understanding the nature of the risk rather than just being aware of it and excerises free choice in the process.

Question 9

Remedies

Answer 9

The court may award compensatory damages where the aim is to put C in their pre-tort position.
Pecuniary(financial) losses will be covered.Special damages will be awarded
OR/AND
Non-pecuniary(financial) losses will be awarded.General damages will be awarded.
OR
C is under a duty to mitigate loss which means to keep the loss to a reasonable level.