Negligence Cases

Question 1

Three stage test - Caparo v Dickman

Answer 1

1. Damage must be reasonably foreseeable
2. Is there proximity between C and D
3. Is it fair just and reasonable to impose a duty on D

Question 2

Damage is reasonably foreseeable

Answer 2

Jolly v Sutton

Children playing on derelict boat

Question 3

Proximity

Answer 3

Osman v Ferguson - proximity through relationship with police from complaints

Vowles v Evans - proximity created through time and space on the rugby pitch

Question 4

Is it fair just and reasonable

Answer 4

Vowels v Evans

Was dis just and reasonable

Question 5

Definition of breach

Answer 5

Blyth v BWW - D doesn’t do something the reasonable ma would do, or does something which a reasonable man would
Objective test

Question 6

Profession raises standard

Answer 6

Bolom

Question 7

Inexperience can not lower

Answer 7

Nettleship v Western

Question 8

Age does lower

Answer 8

Mullins v Richard

Question 9

Size of risk

Answer 9

Miller v Jackson - high risk
Bolton v Stone low risk

If risk if huh the reasonable man would take more precautions

Question 10

Seriousness of potential harm

Answer 10

Paris v Stephney

The reasonable man will take more care when potential harm to C could be serious

Question 11

Practicality of precautions

Answer 11

Paris v Stephney / Hayley v London electric board
The court will balance the risk of harm against the cost and effort involved in taking precautions

Latimer v AEC
The reasonable man will take precautions which are proportionate to the size of the risk and seriousness of potential harm

Question 12

Potential benefits of taking risk

Answer 12

Watt v Hertfordshire County Council
Some risks hold benefits for society and if taken must be weighed against the damage which may be caused in taking the risk

Question 13

Factual causation

Answer 13

Barnett

Question 14

Legal causation

Answer 14

Reeves v MPC no intervening acts

Wilkin - shaw v Fuller