negligence- duty of care Flashcards
who defined this
Baron Alderson
negligence definition
failure to take proper care over something
what did Baron Alderson define this as
’failing to do something which the reasonable person would do, or doing something which the reasonable person would not do’
can negligence be done through an act or omission
both
what case classes actions as ‘failure to take proper care’
Blyth v Birmingham Waterworks 1856
what are 2 ways this case states is a failure of taking care of something
failure of inspection, failure to warn him of the dangers
what 3 things need to be proven in negligence
Duty of care
Breach of duty
Causation of damage
what is it meant by duty of care
to establish a legal relationship between the parties. A duty of care is a responsibility to look out for someone’s wellbeing.
what case did this definition come from
Donoghue v Stevenson 1932
what does this case bring (the rule)
the neighborhood principle- you must take reasonable care to avoid acts of omissions which you can reasonably foresaw would be likely to injure your neighbor
what cases proposes what should be used to see if a duty of care is needed
Robinson v Chief Constable of West Yorkshire (2018)
what are the 2 things it puts forward
(a question and test)
‘is it a novel case?’
the caparo test
‘is it a novel case?’- if yes…
judges will need to make a decision based on a number of principles, including- reasoning by analogy which asks are there similar situations where comparisons could be drawn to come to a logical conclusion?
if no…
the courts should use the precedent of other similar cases (or a statute) to decide if there is a duty of care
what did the caparo test replace (case+rule covered)
the neighbor principle from Donoghue v Stevenson
what 3 questions does the caparo test ask
Was damage or harm reasonably foreseeable?
Is there sufficient proximity in the relationship between the claimant and defendant?
Is it fair, just and reasonable to impose a duty of care?
was damage or harm reasonably foreseeable case
Kent v Griffiths (2000)
sufficient proximity case
Bourhill v Young (1943)
fair, just and reasonable case
Hill v Chief Constable of West Yorkshire (1988)
development of the law questions next- not needed in scenario but could be an 8 marker!
do these in like reverse like also do them like calc over the left side too
what case is about a duty of care outside a contractual situation
Winterbottom v Wright 1843
what case stated a duty of care exists where the parties are in such proximity to one another that damage may be caused if care is not taken (2nd caparo qu)
Heaven v Pender 1883
what case created neighborhood principle
Donoghue v Stevenson 1932
what case stated a duty of care exists unless there is some ‘justification or valid explanation for its exclusion’ such as policy reasons. This is very broad
Home Office v Dorset Yacht 1970
what case stated there was a 2 stage test to determine a duty of care
Anns v Merton London Borough Council 1977
what were these 2 stages
sufficient legal proximity
absence of any policy reason to deny the duty of care
what case applied a duty pf care in a purely contractual relationship- showing the duty pf care applies to economic losses too
Junior Books v Veitchi 1983
what case brought the caparo test
caparo v dickman
why was it introduced
there was concerns the law had become too broad to where a duty of care was owed
