Negligence Flashcards

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1
Q

First formulation of duty of care

A

Donoghue v Stephenson (1932)

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2
Q

Three stage test for new duty situations

A

Caparo Industries v Dickman (1990)

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3
Q

Extent of duty owed by the police

A

Robinson v Chief Constable of West Yorkshire (2018)

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4
Q

Guidelines for recovery by secondary victims in psychiatric harm cases

A

Alcock v Chief Constable of South Yorkshire (1991)

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5
Q

Guidelines for recovery of pure economic loss

A

Spartan Steel v Alloys (1972)

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6
Q

Formulation of reasonable man (person) test

A

Blyth v Birmingham Waterworks (1856)

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7
Q

Learner must meet standard of reasonable person

A

Nettleship v Weston (1971)

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8
Q

Junior professional must meet standard of post

A

Wilsher v Essex AHA (1987)

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9
Q

Children must meet standard of reasonable child of their age

A

Orchard v Lee (2009)
Mullin v Richards (1997)
McHale v Watson (1966)

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10
Q

The court will take into account the magnitude of the risk in deciding breach of duty

A

Bolton v Stone (1951)

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11
Q

The court will take into account the extent of the harm in deciding breach of duty

A

Paris v Stepney BC (1950)

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12
Q

The court will take into account the practicability of taking precautions in deciding breach of duty

A

Latimer v AEC (1953)

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13
Q

The court will take into account the social utility of the defendant’s activity in deciding breach of duty

A

Tomlinson v Congleton BC (2003)

Watt v Herts CC (1954)

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14
Q

The case which established ‘but for’ causation

A

Barnett v Chelsea & Kensington Hospital (1969)

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15
Q

Material contribution to the damage test

A

Bonnington Castings v Wardlaw (1956)

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16
Q

Test for remoteness of damage

A

The Wagon Mound (1) (1961)

17
Q

Eggshell skull principle case

A

Smith v Leech Brian (1962)

18
Q

Standard of care owed by a professional

A

Bolam v Friern Hospital MC (1957)

19
Q

Claimant’s damages will be reduced but not refused

A

Contributory Negligence