Negligence (Duty of care)

Question 1

Where does the definition of negligence come from ?

Answer 1

Blyth v waterworks (1856)

Question 2

What is the definition of negligence ?

Answer 2

Failing to do something which the reasonable person would do, or doing something the reasonable person wouldn’t do

Question 3

What is the first requirement of negligence ?

Answer 3

That the defendant owed the claimant a duty of care

Question 4

What happened in the case of Donoghue v Stevenson (1932) ?

Answer 4

The Claimant Donoghue found a snail in her bottle of ginger beer

Question 5

What case do we use to see if D owed C a duty of care in an established relationship ?

Answer 5

Robinson v Cheif constable of west yorkshire (2018)

Question 6

What else did Donoghue v Stevenson (1932) establish ?

Answer 6

The neighbour principle

Question 7

What happened in the case of Caparo v Dickman (1990) ?

Answer 7

Caparo purchased shares in Fidelity Plc, relying on the accounts who stated they had made a pre-tax profit of £1.3M. Fidelity had made a loss of over £400,000.
Caparo brought an action against the auditors claiming they were negligent in certifying the accounts.

Question 8

What case do we use to see if D owed C a duty of care in a new novel relationship ?

Answer 8

Caparo v Dickman (1990)

Question 9

What are the stages of the Caparo test ?

Answer 9

There was a sufficiently close /proximate relationship between D & C

The reasonable person could foresee some harm or damage be caused

It is fair/reasonable to impose a duty of care

Question 10

What are the stages for the Robinson test ?

Answer 10

There was a sufficiently close /proximate relationship between D & C

The reasonable person could foresee some harm or damage be caused