Negligence AO1

Question 1

What 3 points is the Duty of care AO1?

Answer 1

-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

Question 2

How is it decided if Caparo v Dickman test or Robinson is used in AO1?

Answer 2

Robinson if there is an existing duty of care, CvD if it is a novel situation

Question 3

What are three elements of Caparo v Dickman test?

Answer 3

1. Was the damage or harm reasonably foreseeable? Kent v Griffiths
2. Is there a sufficiently proximate relationship? Bourhill v Young
3. Is it fair, just and reasonable to impose a duty of care? Hill v WY Police

Question 4

What is the basic 3 elements of Breach of duty AO1 plan

Answer 4

-Reasonable man test - Wells v Cooper
-Professional, Learner, Child
-Any risk factors

Question 5

What are the three characteristics of the D?

Answer 5

-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

Question 6

What are the 5 risk factors with case?

Answer 6

-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

Question 7

What MUST you remember about “known risks” risk factor?

Answer 7

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!

Question 8

What are the 4 basic elements of Damage AO1?

Answer 8

-Definition
-Factual causation
-Remoteness of damage
-Thin skull rule (if relevant)

Question 9

What is the definition for damage intro AO1?

Answer 9

-Damage is the loss incurred by the C as a result of the D’s breach

Question 10

What is factual causation, in damages?

Answer 10

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

Question 11

What is remoteness of damage?

Answer 11

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

Question 12

What is thin skull rule?

Answer 12

The D must take the C as they find them, with any pre-existing conditions - Smith v Leech Brain and Co.

Question 13

what is done if it isn’t a novel situation but there’s an existing duty of care?

Answer 13

Name relationship between C and D and then make link to previous precedent where possible (can be link to any of the negligence cases)

Question 14

What is the principle of Blyth v Birmingham Waterworks co.?

Answer 14

Negligence was defined as failing to do something which the reasonable person would do or doing something which the reasonable person wouldn’t do

Question 15

What was the principle of Donoghue v Stevenson?

Answer 15

Stated that a person is under a duty of care to another when they are considered neighbours

Question 16

What was the principle of Hill v WY Police?

Answer 16

Not fair just and reasonable to impose a duty of care on police to protect potential victims of crime, would be counter productive

Question 17

What was the principle of Robinson v WY police?

Answer 17

Courts will decide if a duty of care is owed by looking at past precedents or reasoning by analogy

Question 18

What was the principle in Wells v Cooper?

Answer 18

D was not liable as reasonable competent carpenter would work to same standards as the D

Question 19

What was principle of Bolam?

Answer 19

Professionals will not breach duty of care if they acted in accordance with reasonable body of profession

Question 20

What was the principle of Nettleship v Weston?

Answer 20

D breached her duty of care as the learners standard of driving should meet the standard of a reasonably competent driver

Question 21

What was the principle of Mullins v Richards?

Answer 21

D didn’t breach duty of care as she was only expected to meet standards of reasonable 15-year-old girl

Question 22

What was the principle of Paris v Stepney Borough Council?

Answer 22

D breached duty of care as when the D knows there is an increased risk of injury, higher standard of care is owed

Question 23

What was the principle of Bolton v Stone?

Answer 23

Risk of injury was so small it wouldn’t be considered by reasonable man

Question 24

What was the principle of Latimer v AEC?

Answer 24

Took practical precautions so didn’t breach duty of care

Question 25

What was the principle of Roe v Minister of Health?

Answer 25

Risk was not recognised so no breach of duty

Question 26

What was the principle of Watt v Hertfordshire County Council?

Answer 26

D didn’t breach their duty of care as the benefits of saving the woman outweigh the risk of injury to the firefighters

Question 27

What is the principle of Barnett v Chelsea and Kensington Hospital?

Answer 27

But for the doctors bad medical advice the security guard would have still died anyway

Question 28

What is the principle of Wagon Mound?

Answer 28

Damage caused by oil spillage was foreseeable, but damage caused by fire was not foreseeable and too remote

Question 29

What is the principle of Doughty v Turner Asbestos?

Answer 29

D was not liable as the scientific evidence couldn’t predict that an explosion would happen so damage not foreseeable