Negligence I Flashcards
From which case does the neighbour principle come from?
Donoghue v Stevenson
How has the test for finding a duty of care developed?
Anns v Merton LBC created a two stage test
Caparo v Dickman then established the three stage test for confirming a duty of care
What is the Caparo test?
- Proximity
- Obvious risk of harm
- Is it fair, just and reasonable to impose a duty
What does Robinson v Chief Constable of West Yorkshire Police tell us about the duty of care?
The ordinary principles of negligence apply to public authorities, no special immunity for the police
What does Poole BC v CG tell us about public authorities?
Public authorities do not owe a duty of care at common law merely because they have statutory duties or powers
What does Bolton v Stone tell us about the standard of care required?
Magnitude of risk must be taken into account, remote possibility of injury is not enough, there must be sufficient probability that it would occur
What does the The Wagon Mound No2 say in relation to a risk?
Even if small, if the D was carrying out an illegal activity which they knew of and could have cleaned this up they will be liable
Why was the standard of care different in Paris v Stepney Borough Council?
D had fallen below the standard of care by not providing protection to someone with a greater injury risk (this would be taken into account against the reasonable man)
How does the law treat learner drivers, children and professionals?
Nettleship v Weston- no change for learner drivers
Mullin v Richards- lower standard of care for children
Bolam- No negligence if a man acts in a way accepted as proper by a responsible body of individuals in that career
What is the rule for adults with mental impairments?
Dunnage v Randall & UK Insurance, not considered in the standard of care unless the person has not acted at all
What is recoverable as damage in negligence?
Hunter v Canary Wharf, must be damage in the sense of a physical change in property
Rothwell v Chemical & Insulating, psychiatric illness can be recoverable but with certain restrictions
What is the test to find whether the defendant has caused injury?
The ‘but for’ test
What was the question of causation in Bonnington?
Whether the thing materially contributed to injury, this meaning more than minimal
Who is the burden of proof on in proving an act caused the injury?
Wilsher v Essex Health Authority, burden of proof is on the claimant to prove the act has caused injury on the balance of probabilities
What is the rule with scientific uncertainty?
Fairchild v Glenhaven Funeral Services, where there is scientific uncertainty there should be a relaxation of the but for test
Liable if there was a material increase in risk of injury
