Negligence

Question 1

What is needed to claim negligence? (The negligence tree)

Answer 1

Duty of care (reasonably foreseeable/proximity(time,space,relationship)/fair just and reasonable

Question 2

Name a case for duty of care:

Answer 2

Donoghue v Stevenson

Question 3

Name a case for general principles:

Answer 3

Caparo v dickman

Question 4

Case for reasonably foreseeable

Answer 4

Kent v griffiths

Question 5

Case for proximity of relationship:

Answer 5

Bourhill v Young

McCloughlin v O’Brien

Question 6

Case for fair, just and reasonable

Answer 6

Hill v Chief constable of West Yorkshire

Question 7

Breach of duty considerations:

Answer 7

• standard of care
• standard of care expected of experts and professional people
• standard of care expected of learners
• Standard of care expected of children

Question 8

Risk factors for breach of duty:

Answer 8

1. Special characteristics
2. Size of risk
3. Cost and effort required for precautions against the risk
4. Knowledge of the danger
5. Any public benefit