NEGLIGENCE-intro

Question 1

what is negligence?

Answer 1

area of law that allows someone who has suffered as result of someones carelessness to be compensated by the wrongdoer for any injury caused

Question 2

what is the most important case of negligence?

Answer 2

donoghue v stevenson- because of all the principles within it. Gave the 3 important ingrediants.

Question 3

what are the 3 important ingrediants?

Answer 3

1. does d owe c a duty of care
2. was the defendant in breach of duty
3. c suffer damage as result of breach

Question 4

what type can damage be?

Answer 4

personal injury/property damge/psychiatric harm

Question 5

how do you establish a duty of care in negligence?

Answer 5

we use law laid down by lord atkin

Question 6

in which case was the law laid down by lord atkin in?

Answer 6

donoghue v stevenson

Question 7

what did this famous give us?

Answer 7

“neighbour principle”

Question 8

what did the neighbour principle establish?

Answer 8

legal rules relating to standards of acceptable conduct between individuals

Question 9

what are obvious duties and what happens if duties arent obvious?

Answer 9

some duties are obvious such as those btw manufacturer and consumer (in donoghue ) however some are not . The case caparo industires v dickamn - gave 3 part test to establish duties

Question 10

what are the 3 things contained in the 3 part test?

Answer 10

1. forseeability
2. proximity
3. just & reasonable

Question 11

what does it mean by forseeability?

Answer 11

could reasonable man forsee what d caused

Question 12

cases for foreseeability?

Answer 12

brannan v airtours-yes fardon v harcourt rivington

Question 13

what is foreseeability in other words?

Answer 13

what might happen

Question 14

what does it mean by proximity?

Answer 14

could the reasonable man know who it might happen to?

Question 15

what does it mean by who it might happen to?

Answer 15

reasonable class, likely recepient/ identify group/class

Question 16

cases for proximity?

Answer 16

hill v chief const of w.yorks= no

swiney v chief const of northumbria police

Question 17

what does it mean by policy?

Answer 17

(on the grounds of policy) judge can still deny claim if not just & reasonable to allow it.

Question 18

cases for policy?

Answer 18

John Munro limited v London Fire and Civil Defence Authority

Kent v Griffths

Question 19

what do you do after duty is established?

Answer 19

breach of duty

Question 20

how do you establish how a defendant has breached their duty towards the claimant?

Answer 20

apply the reasonable man test

Question 21

what is the reasonable man test?

Answer 21

“to see whether d had fallen below the expected standards of the reasonable man” at the time harm was caused

Question 22

what is the cases for breach?

Answer 22

blyth v birmingham waterworks

wells v cooper

Question 23

what if the defendant was a child?

Answer 23

the reasonable man would be a reasonable person of childs age

Question 24

what is also taken into account with the r.m.t?

Answer 24

special skill

Question 25

what do you do with special skill?

Answer 25

compared to the average person exercising at the same level of ability

Question 26

what are the factors called to determine standard of care required of d?

Answer 26

risk factors

Question 27

what are the 5 risk factors and there cases?

Answer 27

time of breach- roe v minister of health likelihood of harm- bolton v stone risk of serious injury- paris v stepney borough council value of d's activity- watts v herts c.c. cost of avoiding harm- latimer v aec ltd

Question 28

can the claim fail if there is no breach?

Answer 28

yes

Question 29

what do you do after breach?

Answer 29

damage

Question 30

what does it mean by damage?

Answer 30

defendant must cause damage c suffers could be personal injury, psyhiological, property

Question 31

what must there be for the defendant to be liable?

Answer 31

factual and legal causation like in criminal law

Question 32

what is factual causation in breach?

Answer 32

but-for test "would the claimant have suffered loss/damage but for the defendants negligence"

Question 33

case for factual causation?

Answer 33

barnett v chelsea hospital kent v griffths = compare case

Question 34

what is legal causation?

Answer 34

too see if the chain is broken- look if claimant to blame or not

Question 35

it what ways can the chain be broken?

Answer 35

1.act of claimant 2. third party 3eggshell skulls 4.act of nature-classed as 3rd party 5.remoteness

Question 36

cases for act of claimant?

Answer 36

- mcckew v holland - equal to r v williams and davies and substantial cause- break chain, ( c was substantial cause) r v pagett - sayers v harlow- equal to r v roberts A.B.H

Question 37

what does the sayers v harlow case also show?

Answer 37

contributory negligence

Question 38

what is contributory negligence?

Answer 38

may not be substantial cause but contributed leading to a deduction in reward

Question 39

cases for act of 3rd party ?

Answer 39

- other than c/d - Topp v London Country Bus ltd - d not substantial cause - MCghee v NCB- d was substantial cause- claim down due to contribution

Question 40

cases for act of eggshell skull principle?

Answer 40

Smith v leech brain- pay more to person who suffers more "take v as you find them" Robinson v Post office

Question 41

cases for act of nature?

Answer 41

lichfield v cologie steamship

Question 42

cases for remoteness?

Answer 42

The Wagon Mound

Question 43

what is meant by The Wagon Mound?

Answer 43

if too remote and far from act may break chain and defendant not liable. must be foreseeable result of breach of duty. (policy decision)

Question 44

related elements of negligence? (2)

Answer 44

1. burden of proof | 2. remedies in Tort

Question 45

what is burden of proof?

Answer 45

for a claim to succeed the c must prove that d was negligent (proof will be on a balance of probabilities)

Question 46

what is the exception to burden proof?

Answer 46

civil evidence act 1968 s.11

Question 47

what does exception to burden proof mean?

Answer 47

c produce evidence of criminal offence arising out of sit that led to negligence. so if criminal convic can be citied in civil case which would shift burdeen of proof to d to show not negligent.

Question 48

what are the two types of remedies in tort?

Answer 48

damages & injunctions

Question 49

what are the 3 types of damages?

Answer 49

compensatory damages, special damages, general damages

Question 50

what are compensatory damages?

Answer 50

provision of financial compensation. put claimaint in position it was in before tort.

Question 51

what are special damages?

Answer 51

can be precisely calculated e.g. loss of earnings/property damage. also known as pecuniary loss as amount of loss is accurately quantifiable.

Question 52

what are general damages?

Answer 52

cannot be accurately defined e.g personal injury awarded for pain and suffering. also known as non-pecuniary loss e.g loss of amenity awarded based on tarriff.

Question 53

what are injunctions?

Answer 53

normally used for nuisance, granting of injunction not automatic but at the discretion of court and normally granted where damages are inadequate e.g nuisane.

Question 54

what are the types of injunctions?

Answer 54

prohibitory injunction mandatory injunction interim injunction

Question 55

what is a prohibitory injunction?

Answer 55

stop someone from continuing act that is the cause of suit

Question 56

what is a mandatory injunction?

Answer 56

order to make d do something e.g cut trees that are block c light

Question 57

what is a interim injunction?

Answer 57

can be issued before that actual trial to stop the tort continuing during the trial. sometimes used in cases of nuisance.