Negligence- Duty and Breach

Question 1

“The standard of care is that of the reasonable person”. Which case is this?

Answer 1

Blyth

Question 2

Bolitho- What is the judgement?

Answer 2

Where common practice in the profession is split, the judge will decide what whas the logically reasonable course of action to take

Question 3

In what circumstances do people owe rescuers a duty of care. Which case?

Answer 3

If they create a dangerous situation. As in Baker v Hopkins

Question 4

What is the ruling in Bolam?

Answer 4

Common practice is good evidence of compliance and no breach

Question 5

Which case demonstrates that drivers owe passengers a duty of care?

Answer 5

Nettleship v Weston

Question 6

There is no liability for acting where there is no duty. What is the case?

Answer 6

East Sussex River Catchment Boat v Kent

Question 7

Is there leniency for learner drivers? Which case says yes/no?

Answer 7

No. Nettleship v Weston

Question 8

Mullin v Richards. What is the ruling?

Answer 8

Children must meet the standard of a reasonable child of their age.

Question 9

What is the established duty created in London Passenger Transport v Upson?

Answer 9

Drivers owe other drivers a duty of care

Question 10

What is the rule in Stovin v Wise?

Answer 10

There is no liability for omissions, unless a special relationship exists

Question 11

What is the Caparo 3 stage test for duty of care?

Answer 11

1. Reasonable foresight
2. Proximity of relationship
3. Fair, just and reasonable to impose a duty

Question 12

What are the 3 conditions for Res Ipsa Loquitur to apply?

Answer 12

1. The thing that caused the damage must be under the control of the defendant
2. The accident must not normally occur without negligence
3. The cause of the accident is unknown to the claimant

Scott v London & St Katherine’s Dock

Question 13

Paris v Stepney. What is the ruling?

Answer 13

There was a higher risk of blindness when someone is already blind in one eye and more precaution should have been taken.

Question 14

Junior Doctors must meet what standard of care? Which case?

Answer 14

Junior Doctors must meet the standard of the reasonably competent doctor (Wilsher)

Question 15

What six factors must be taken into account when assessing breach?

Answer 15

1. Magintude of risk. Was there a high risk that deserved attention?
2. Cost and practicability of taking precautions
3. Value to society of risky behaviour
4. Common practice. (Bolam)
5. Current state of knowledge.
6. Breach limited to “reasonable probabilities not fantastical possibilities” (Fardon)

Question 16

What is the case involving a cricket ball where magnitude of risk was found to be low?

Answer 16

Bolton v Stone

Question 17

What is Negligence?

Answer 17

Failure to use reasonable care, resulting in unintentional damage or injury to another.

Question 18

What is the rule in Paris v Stepney Borough Council?

Answer 18

Magnitude of risk must be taken into account. In this case a claimant had one eye and thus the magnitude of risk was higher.

Question 19

When was it decided that the state of knowledge would be assessed at the time of the incident

Answer 19

Roe v Ministry for Health

Question 20

What is the case which details the cost and practicability of taking precautions must be considered?

Answer 20

Latimer v AEC

t was found that it wouldn’t be reasonably practical to close a factory because of a minor spill.

Question 21

Hill v Chief Constable of West Yorkshire. What is the ruling?

Answer 21

The police do not owe a duty of care to individuals, but to the public at large.

Question 22

Kirkham v Chief Constable of Greater Manchester

Answer 22

The police do owe a duty of care when they have assumed responsibility