Negligence Flashcards
Negligence
def:
The failure to exercise reasonable care resulting in physical damage
Physical damage means
1.
2.
3.
- Death
- Personal injury
- Damage to property.
3 elements
- Duty of care
- Breach of duty.
- Resulting damage
Original case:
Donoghue vs Stevenson
What is the first element of duty of care?
Claimant must prove that the defendant owes her a duty of care
If the situation is a novel one, how is duty of care established
The Caparo test/ Incremental approach.
Caparo Industries v Dickman
Created the Incremental approach
What are the 3 elements of the 3 stage approach?
- Is the damage reasonably foreseeable?
- Sufficient proximity
- Is it fair, just and reasonable to impose a duty of care?
Which case created the incremental approach
Caparo Industries v Dickman
Bourhill v Young
D couldn’t reasonably foresee that C would be affected by his actions
Kent V Griffiths
It was reasonably foreseeable that C would suffer as a result of a late ambulance
Proximity can be in
1.
2.
3.
- Time
- Space
- Proximity
Hill v Chief Constable of Yorkshire
No relationship between police and potential victims as police would have no idea who potential victims will be
Capital & Counties plc v Hampshire county council
It will be fair, just and reasonable to impose a duty of care on public authorities if they increase/create danger
Factual causation CIVIL CASE:
Barnett v Chelsea and Kensington hospital management committee.
Multiple causes case
Fairchild v Glenhaven funeral services
If there are multiple causes of the claimant’s suffering, what happens. (Materially increase risk test)
1.
2.
- They can claim total compensation from the D.
2. The D can then, in turn, claim joint responsibility with other Ds.
Jobling v Associated Dairies
Intervening Acts break the chain of causation
What is intervening act in latin?
Novus Actus Interveniens
