Negligence Cases Flashcards
D owes a duty to anyone who is a ‘neighbour’. - A neighbour is someone the d should reasonably be thinking of when considering their actions.
Donoghue v Stevenson
Modern test for establishing when a duty of care exists in a new set of circumstances based on reasonable foreseeability, proximity and fairness.
Caparo v Dickman
A School owes a duty to safeguard the children in its care as the school has a pre-existing relationship with its students.
Barnes V Hampshire County Council
D is measured against the standards of a reasonable person rather than against his own personal standard.
Nettleship V Weston
Reasonable person takes into account the fratalities and weaknesses of others.
Haley V London electricity board 1964
If very young or very old, I will be judged by the standards of a reasonable person of the same age.
Mullins V Richards
A professional person will be measured against the reasonable person practicing that profession at the same level.
Philips v Whitley
Professionals are judged by the standard of the profession as a whole - a doctor for example, is not negligent if he acts in accordance have a practice accepted as a proper buy a reasonable body of medical men
Bolan
Patients must be treated as for as possible.
Montgomery v Lanarkshire Health board
Likelihood of injury
Bolton V Stone
Seriousness of consequences
Paris V Stepney
Value of the conduct - reasonable person takes risks in an emergency.
Watt V Hertfordshire County Council
Cost of Precautions
Latimer V AEC
Risks are known at the time of the accident
Roe V minister of health
I will not be liable even if they breach a duty of care that they owe and the claimant have would have suffered the same loss.
McWilliams V Arrol 1962
