Negligence (Paper 2) Flashcards

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1
Q

What are the three elements of negligence

A

Duty of Care, Breach of Duty, Breach must Cause the Damage

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2
Q

What is stage 1 of negligence

A

Defendant must owe the claimant a duty of care

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3
Q

This principle was established by this judge in Donoghue v Stevenson

A

Lord Atkin established the neighbour principle

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4
Q

What is meant by the Neighbour Principle

A

D must take care not to injure their neighbour, and neighbour is anyone ‘closely and directly affected by your actions’

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5
Q

What was the decision in Robinson v Chief Constable of West Yorkshire

A

If there is an obvious duty of care, no need for the three stage test in Caparo

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6
Q

Situation in which the Caparo test will be used

A

When the duty of care isn’t obvious, a novel situation

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7
Q

3 stage test from Caparo v Dickman

A

Foreseeability, Proximity, and Reasonableness

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8
Q

Osman v UK

A

Emergency services will owe a duty of care if they make the risk substantially higher

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9
Q

Insurance

A

If D has insurance, such as car insurance, then it is usually fair, just, and reasonable to impose a duty

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10
Q

Stage 2 of Negligence

A

D must have breached their duty of care to C

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11
Q

Definition of breach from Alderson B in Blyth v Birmingham Waterworks

A

Doing something a reasonable man wouldn’t do, or not doing something a reasonable man would do (objective test)

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12
Q

D will fall into one of three categories to determine the standard they should have met

A

Expert/experienced person

Learner/inexperienced person

Child/young person

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13
Q

Standard of an expert or someone who possesses a particular skill

A

The standard of other reasonably competent professionals (Bolam / Bolitho)

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14
Q

Standard of someone inexperienced or a learner

A

Someone experienced and competent (Nettleship v Weston)

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15
Q

Standard of children

A

A reasonable child of a similar age (Mullins v Richards)

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16
Q

Risk Factors

A

Either raise or lower the standard of care required

17
Q

Probability of Harm

A

Reasonable person does not need to take precautions against very small risks, but does against bigger risks (Bolton v Stone)

18
Q

Seriousness or Magnitude of the Risk

A

Court needs to consider how serious the injury could potentially be, the bigger the risk of a serious injury, then the more care that needs to be taken (Paris v Stepney Council)

19
Q

Cost and practicality of precautions

A

If the cost of taking precautions to eliminate the risk is too great, D may not be in breach (Latimer v AEC)

20
Q

Social Utility of the Risk

A

If there are benefits for society from the risk, there will be no breach (Watt v Hertfordshire Council)

21
Q

Stage 3 of Negligence

A

The breach of duty must have caused the damage to the claimant

22
Q

Factual Causation

A

Uses the ‘but for’ test: but for D’s actions or omissions, would the damage have occurred? (Barnett v Chelsea & Kensington Hospital)

23
Q

Legal Causation

A

Relates to the remoteness of the damage, meaning if the damage was unforeseeable then it may be too remote and D will not be the legal cause (The Wagon Mound No 1)

24
Q

Hughes v Lord Advocate

A

D need not predict the precise way in which the injury was caused so long as injury of the same type was foreseeable

25
Q

The Thin Skull Rule

A

D must take his C as he finds them (Smith v Leech Brain Co)