Negligence AO1 Flashcards
What is negligence?
A tort where an act or omission causes injury to a person or damage to a person’s property.
Who is the burden of proof on?
The claimant on the balance of probablities.
What is element one?
The defendant must owe the claimant a duty of care.
What did Donoghue state regarding duty of care?
The defendant owes a duty of care to those closely affected by his actions.
What did Caparo set out?
A three stage tests for a duty of care?
What are the three stages of the Caparo test?
- One : was the damage/harm reasonably forseeable?
- Two: is there proximity of relationship between the defendant and claimant?
- Three: Is it fair, just and reasonable to impose a duty?
What happened in Robinson?
What happened in Kent?
What happened in Bourhill?
What is element two?
Breach of duty.
How is it decided if there’s been a breach of duty?
The defendant is judged against a competent equivalent.
What must be considered when deciding if there’s been a breach of duty?
Risk factors, and greater care may need to be taken.
What happened in Paris-Blind?
What happened in Bolton?
What happened in Latimer?
