Negligence Mock Answer Flashcards
Write a summary of an introduction to a negligence essay
Common law negligence as established in Donoghue - duty of care is owed under neighbour principle
Write a summary of the duty section of a negligence essay
Caparo test is used for novel cases after Robinson
RFH - must be foreseeable to reasonable person - Hayley and Fardon
Proximity - D should be considering C - Vowles and Bourhill
FJ+R - sets a good precedent - Mulcahy
Public authorities= certain immunity - Hill and Michael
Robinson and DSD + NBV
Write a summary of the finding the RP section of a negligence essay
Blyth - compare to reasonable person doing same activity
Professionals - Bolam
Drivers - Nettleship
Amateurs - Wells
Children - Mullin
ONLY USE EXAMPLE RELATED TO QUESTION
Write a summary of risk factors in a negligence essay
Special characteristics - Paris
Size of risk - Miller (big) and Bolton (small)
Precautions - Latimer
Public benefit - Watts
Write a summary of factual cassation in a negligence essay
But for test - Barnett
Damage must be broken by an Novus Actus Interveniens - Lamb
Write a summary of legal causation in a negligence essay
Damage must be reasonably foreseeable - Wagon Mound
Extent of damage is irrelevant- Bradford
Way damage occurred is mostly irrelevant- Hughes
If way damage occurred was totally unforeseeable not liable - Doughty
What is the eggshell skull rule?
The defendant must take the claimant as they are - Leechbrain
