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Tort Law Cases > Negligence Cases > Flashcards

Negligence Cases Flashcards

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1
Q

Neighbour test - someone so closely and directly affected by your act that you should have them in contemplation as being affected

A

Donoghue v Stevenson

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2
Q

The modern test to determine a duty of care

A

Caparo v Dickman

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3
Q

The Caparo test does not need to be applied to every scenario

A

Robinson v Chief Constable of West Yorkshire Police

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4
Q

Caparo test - foreseeability

A

Bourhill v young

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5
Q

Caparo test - proximity

A

Hill v Chief Constable of West Yorkshire Police

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6
Q

Caparo test - fair, just and reasonable

A

Summer v Colborn

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7
Q

Breach of duty - the ordinary man

A

Wells v Cooper

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8
Q

Breach of duty - the learner

A

Nettleship v Weston

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9
Q

Breach of duty - the professional

A

Roe v Minister of Health
Bolam v Friern Hospital Management

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10
Q

Breach of duty - children

A

Orchard v Lee
Mullin v Richards

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11
Q

Risk factors - likelihood of harm

A

Barnes v Scout Association

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12
Q

Risk factors - special characteristics of C

A

Paris v Stepney Borough Council

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13
Q

Risk factors - practicality of taking precautions

A

Ward v Tesco Stores Ltd
Latimer v AEC Ltd

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14
Q

Risk factors - social utility of the act

A

Day v High Performance Sports
Watt v HCC

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15
Q

Factual causation

A

Barnett v Chelsea and Kensington Hospital

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16
Q

Remoteness of damage

A

Wagon Mound No.1

17
Q

Remoteness - only the type of damage, not the extent needs to be foreseeable

A

Bradford v Robinson Rentals

18
Q

Remoteness - only the harm needs to be foreseeable, it can occur in an unforeseeable way

A

Hughes v Lord Advocate

19
Q

Remoteness - think skull rule

A

Bhamra v Dubb
Smith v Leech Brain

20
Q

Intervening acts

A

Reeves v Commissioner of Police
Scott v Sheperd

21
Q

Original definition of negligence

A

Blyth v Birmingham Waterworks

22
Q

It is reasonably foreseeable that the act would injure C

A

Kent v Griffiths

23
Q

Being a junior is an individual characteristic and will not be considered

A

Wilsher v Essex Health Authority

24
Q

C must prove that D caused the damage or materially contributed to it

A

Wilsher v Essex Health Auhtority

Tort Law Cases (9 decks)

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