Negligence (ORANGE BOOKLET) Flashcards
What case outlines the 3 part test for duty of care?
Caparo v Dickman
What is the 3 part test outlined in Caparo v Dickman
1) Damage to C must be reasonably foreseeable
2) There must be proximity between C and D
3) It must be fair, just and reasonable to impose a duty on D
How does the court decide if damage is reasonably foreseeable?
If the reasonable man would anticipate/predict or expect harm to occur
In what case was harm foreseeable (duty of care)?
Jolley v Sutton LBC
What was foreseeable in the case of Jolley v Sutton LBC?
That children would play on the abandoned boat and get injured
In what case was harm not foreseeable (duty of care)?
Bourhill v Young
Why was harm not foreseeable in Bourhill v Young?
Because C was too far removed from the accident
In what 2 ways can there be proximity been C and D?
Relationship or time and space
Which case outlines proximity through relationship?
Osman v Ferguson
How was proximity created through relationship in the case of Osman v Ferguson?
A relationship was established as C’s had contacted the police multiple times
Which case outlines proximity through time and space?
Bourhill v Young
Why was there no proximity between C and D in the case of Bourhill v Young?
Because C was too far away from the accident, she was not an eyewitness
Who is it fair, just and reasonable to impose a duty on?
Private individuals
What is the general rule on imposing a duty on public authorities?
It is not fair as it would open floodgates to claims, lead to defensive policing and be expensive
Which case outlines that it is not fair to impose a duty on public authorities?
Hill v Chief Constable of South Yorkshire Police
When is it fair to impose a duty on public authorities?
When the public authority has increased the risk
Give a case example where it was fair to impose a duty on public authority and why was it fair?
Capital & Counties v Hampshire County Council - was fair as the fireman had increased the risk of damage by turning off the sprinklers
What case defines a breach of duty?
Blyth v Birmingham waterworks co.
Give the 2 definitions of ‘breach of duty’
D does something a reasonable ma wouldn’t do or doesn’t do something that a reasonable man would do
D falls below a standard of care expected of him
Who will D be compared to when deciding if he/she has breached their duty?
The reasonable man carrying out the same activity
What point of law came out of Nettleship v Weston?
Inexperience will not lower standard of care
What point of law came out of Mullin v Richards?
Age can lower standard of care (e.g. Children will be compared to the reasonable child of the same age)
What point of law came out of Bolam v Friern Barnet HMC?
A professional will be compared to another reasonable professional
What point of law came out of Wells v Cooper?
Someone with no skill will be compared to the reasonable man carrying out the same activity
What are the four risk factors?
1) Size of risk
2) Seriousness of potential harm
3) Practicability of precautions
4) Benefits of taking risk
What are the 2 key cases for size of risk?
Bolton v Stone and Miller v Jackson
Why was there no breach in the case of Bolton v Stone?
Because there was low risk of damage occurring
What point of law came out of Bolton v Stone?
Where the risk of harm is small, the standard of care expected of D will be lower
Why was there a breach of duty in the case of Miller v Jackson?
Because there was a high risk of damage occurring
What point of law came out of Miller v Jackson?
Where the risk of harm is large, the standard of care expected of D will be higher
What is the case example for seriousness of (potential) harm?
Paris v Stepney BC
What point of law came out of Paris v Stepney BC
That the reasonable man should take more care when the potential harm is more serious (there is a higher standard of care)
What is the case example for practicability of precautions?
Haley v LEB
What point of law came out Haley v LEB
That the reasonable man will be expected to take cheap and easy precautions to remove the risk
In what case did D take sufficient precautions and therefore not breach his duty?
Latimer v AEC (put sawdust down to prevent prevent slips)
What is the case example for potential benefits of taking risk?
Watt v Hertfordshire CC
Why had D not breached his duty in the case of Watt v Hertfordshire CC?
Because the benefit of saving someone’s life outweighed the risk of C getting injured in the process
What point of law came out of Watt v Hertfordshire CC?
Where the benefits for society of taking a risk outweigh the damage likely to be caused, the reasonable man will take that risk
In order for D to be proved liable what must be proved in terms of the damage to C?
That D caused the damage suffered by C and that the damage suffered was not too remote as a result of D’s breach of duty
How must C prove that D factually caused the damage?
That ‘but for’ D’s breach, the damage to C would not have occurred
What is the leading case for factual causation in terms of damage?
Barnett v Chelsea & Kensington HMC
Apply the ‘but for’ test to the case of Barnett v Chelsea & Kensington HMC
C still would’ve died ‘but for’ the doctor failing to examine him
What must C prove in order to show that D legally caused the damage?
That there were no intervening acts
What is the case example for legal causation in terms of damage?
Reeves v MPC
What was not an intervening act in the case of Reeves v MPC?
V taking his own life
Describe the meaning of ‘remoteness’
The type of damage must be reasonably foreseeable
Give a case example for remoteness of damage
Wagon Mound
What damage was foreseeable in the case of Wagon Mound?
Oil damage was foreseeable, fire damage wasn’t
Which case states that how harm is caused can be unforeseeable as long as the type of harm is foreseeable?
Hughes v Lord Advocate
What was foreseeable in the case of Hughes v Advocate and therefore what didn’t matter?
The type of harm (burns) was foreseeable and therefore it didn’t matter that these occurred in an unforeseeable way (via an explosion)
Which case demonstrates that extent of damage can be unforeseeable as long as the type of damage is foreseeable?
Bradford v Robinson Rentals
What was unforeseeable in the case of Bradford v Robinson Rentals but why did this not matter?
It was unforeseeable that C would get frostbite but this didn’t matter as it was foreseeable that C would get cold
What legal principle came out of Smith v Leech Brain & Co Ltd?
That if C suffers more serious harm that could’ve been foreseen due to a vulnerability then this damage is not too remote
Define Res Ipsa Loquitur
‘The facts speak for themselves’
When does Res Ipsa Loquitur apply?
The principle applies when the situation is very obviously D’s fault
What effect does res ipsa have on the burden of proof?
The burden of proof shifts from the claimant to the defendant so that the defendant has to prove that they haven’t been negligent
What 3 things must be proven in order for res ipsa to apply?
1) The situation must be under the control of the defendant
2) The event would not have happened if the defendant had taken proper care
3) The defendant cannot provide an alternative explanation for the event
What case outlines the 3 circumstances for res ipsa?
Scott v London and St Katherine Docks Co.
What is the leading case for demonstrating res ipsa?
Ward v Tesco Stores
Why were Tesco liable for the injury caused to the claimant by slipping on yoghurt?
1) The cleanliness of the store was Tesco’s responsibility,
2) The accident wouldn’t have happened if Tesco had cleaned up the yoghurt quicker,
3) Tesco could not provide an alternative explanation
