Negligence AO2 Flashcards
What 3 parts is the Duty of Care AO2?
-Is the D and C a neighbour in law?
-If relevant, link to previous case with existing duty of care
-If relevant, Caparo v Dickman test
How is the Caparo v Dickman test applied?
-What was the damage or harm and was it reasonably foreseeable
-Is there a sufficiently proximate relationship between the C and the D
-Is it fair, just and reasonable to impose a duty of care on the D
What are the basics of the Breach of Duty AO2?
-Reasonable person test
-Professional, learner, child
-Risk factors
What are the applications for professional, learner and child?
Professional - Has the D done something which the rest of their profession would do?
Learner - Did the D meet the standard of the reasonable competent person doing the same thing?
Child - Have they met the standards of a reasonable person of their age?
In which of the 5 risk factors is a higher standard of care owed?
-Special characteristics of the C
-Size of the risk (Larger)
In which of the 5 risk factors is a lower standard of care owed?
-Taking practical precautions
–Known risks (can be no breach of duty)
-Public benefit of taking the risk
What is the damage AO2 plan?
-What loss has C incurred as a result of D’s breach
-apply factual causation
-Was the damage a foreseeable result? Was/wasn’t it too remote?
-Thin skull, If C has any pre-existing conditions, then explain that this does not affect the liability in negligence because the D must take the V as they find them.
