Negligence AO1 Flashcards
What 3 points is the Duty of care AO1?
-Negligence was defined in Blyth v Birmingham Waterworks co. as failing to do something which the reasonable person would do or doing something which the reasonable person wouldn’t.
-Donoghue v Stevenson
-Robinson/Caparo V Dickman test
How is it decided if Caparo v Dickman test or Robinson is used in AO1?
Robinson if there is an existing duty of care, CvD if it is a novel situation
What are three elements of Caparo v Dickman test?
- Was the damage or harm reasonably foreseeable? Kent v Griffiths
- Is there a sufficiently proximate relationship? Bourhill v Young
- Is it fair, just and reasonable to impose a duty of care? Hill v WY Police
What is the basic 3 elements of Breach of duty AO1 plan
-Reasonable man test - Wells v Cooper
-Professional, Learner, Child
-Any risk factors
What are the three characteristics of the D?
-Professional judged by the standard of the profession as a whole - Bolam
-Learner, Judges against the standard of the reasonable competent person doing the same job as them - Nettleship V weston
Child, only expected to meet the standards of the reasonable person who is the same age as them at the point of the accident - Mullins v Richards
What are the 5 risk factors with case?
-Special characteristics of the D, Paris v Stepney Borough Council
-Size of the risk, Bolton v Stone
-Taking practical precautions, Latimer v AEC
-Known risks, Roe v Minister of Health
-Public benefit of taking the risk, Watt v Hertfordshire County Council
What MUST you remember about “known risks” risk factor?
YOU SHOULD NEVER APPLY if it’s a known risk, this doesn’t increase standard of care!
Only apply if it isn’t a known risk, in which there is no breach of duty!
What are the 4 basic elements of Damage AO1?
-Definition
-Factual causation
-Remoteness of damage
-Thin skull rule (if relevant)
What is the definition for damage intro AO1?
-Damage is the loss incurred by the C as a result of the D’s breach
What is factual causation, in damages?
Factual causation, but for the D’s breach of duty would the injury or damage the claimant suffered have occured? - Barnett v Chelsea and Kensington Hospital
What is remoteness of damage?
Remoteness of damage, the damage must be a foreseeable result of the D’s breach of duty and not too remote from the negligence of the D - The Wagon Mound
What is thin skull rule?
The D must take the C as they find them, with any pre-existing conditions - Smith v Leech Brain and Co.
what is done if it isn’t a novel situation but there’s an existing duty of care?
Name relationship between C and D and then make link to previous precedent where possible (can be link to any of the negligence cases)
What is the principle of Blyth v Birmingham Waterworks co.?
Negligence was defined as failing to do something which the reasonable person would do or doing something which the reasonable person wouldn’t do
What was the principle of Donoghue v Stevenson?
Stated that a person is under a duty of care to another when they are considered neighbours
What was the principle of Hill v WY Police?
Not fair just and reasonable to impose a duty of care on police to protect potential victims of crime, would be counter productive
What was the principle of Robinson v WY police?
Courts will decide if a duty of care is owed by looking at past precedents or reasoning by analogy
What was the principle in Wells v Cooper?
D was not liable as reasonable competent carpenter would work to same standards as the D
What was principle of Bolam?
Professionals will not breach duty of care if they acted in accordance with reasonable body of profession
What was the principle of Nettleship v Weston?
D breached her duty of care as the learners standard of driving should meet the standard of a reasonably competent driver
What was the principle of Mullins v Richards?
D didn’t breach duty of care as she was only expected to meet standards of reasonable 15-year-old girl
What was the principle of Paris v Stepney Borough Council?
D breached duty of care as when the D knows there is an increased risk of injury, higher standard of care is owed
What was the principle of Bolton v Stone?
Risk of injury was so small it wouldn’t be considered by reasonable man
What was the principle of Latimer v AEC?
Took practical precautions so didn’t breach duty of care
