Negligence - Duty of Care

Question 1

What can risk factors do?

Answer 1

Can raise or lower the standard of care required and make the defendant more or less likely to be liable in negligence

Question 2

What is Special characteristics of claimant?

Answer 2

The defendant should take more precaution if the situation needs it.

Question 3

How do you prove causation?
Case eg?

Answer 3

Using the “but for” test - “But for” the defendant’s behaviour the outcome would not have occurred.
Barnet v Chelsea Kensington Hospital

Question 4

What does it mean by the damage was “too remote”?

Answer 4

The damage that occurred was not the type that would normally be expected in the situation.