Negligence - Paper 2 Flashcards

1
Q

What are the three elements of negligence?

A

Duty of Care, Breach of Duty, Breach must have Caused 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

Which principle was established by Lord Atkin in Donoghue v Stevenson?

A

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 D’s 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

What type of situation will the Caparo test be used?

A

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

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7
Q

What is Stage 2 of Negligence?

A

D must have breached their duty of care to C

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8
Q

What is the definition of breach from Alderson B in Blyth v Birmingham Waterworks

A

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

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9
Q

What are the three categories D will fall into to determine the standard they should have met?

A

Expert/experienced person

Learner/inexperienced person

Child/young person

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10
Q

What is the standard of an expert or someone who possesses a particular skill?

A

The standard of other reasonably competent professionals (Bolam)

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11
Q

What is the standard expected of someone inexperienced or a learner?

A

Someone experienced and competent (Nettleship v Weston)

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12
Q

What is the standard expected of children?

A

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

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13
Q

What do risk factors do?

A

They either raise or lower the standard of care required

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14
Q

What does the probability of harm risk factor mean?

A

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

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15
Q

What is meant by the seriousness or magnitude of the risk?

A

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

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16
Q

Explain the cost and practicality of precautions risk factor

A

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

17
Q

What is meant by social utility of the risk?

A

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

18
Q

What is Stage 3 of Negligence?

A

The breach of duty must have caused the damage to C

19
Q

Explain factual causation

A

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

20
Q

Explain legal causation

A

It 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)

21
Q

What was the ruling in 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

22
Q

Explain the thin skull rule

A

D must take their C as they find them (Smith v Leech Brain Co)