Negligence- Personal Injury And Property Damage Flashcards
Negligence is a tort, what does this mean
A civil wrong
What case defined negligence and what was it defined as
Blyth v Birmingham waterworks- an omission to do something the RM would do, or doing something the RM wouldn’t do
What are the 3 elements that need to be proven for negligence
- duty of care
- breach of duty
- damage
What was the modern approach of applying a duty of care and what case said this
Robinson v chief constable- said you must apply the 3 p[art test from caparo
What case said not to follow the modern approach, what was said to do instead
Robinson v chief constable - caparo not have to be applied to every case, courts can look at existing precedents to look for an existing duty
What duty do public authorities have and what are they not under a duty to do
Under duty to not cause public harm via their own actions
Not under duty to prevent harm from 3rd parties
What are the 3 steps of applying a duty of care
- See if there’s an existing precedent
- See if there’s a similar precedent
- Apply caparo
What are the 3 elements of the caparo criteria for a duty of care
- forseeability
- proximity
- fair, just and reasonable
What is the test for the forseeability criteria from caparo, and what type of test is this
Would the Rm in the D’s position have forseen that someone in the C’s position might suffer harm?
Yes= test satisfied
(Objective)
What case is used for the forseeability element of caparo
Kent v griffiths
Explain the proximity element of caparo and use a case
Consider time, space and relationship (bornhill v young)
What case is used for the fair, just and reasonable element of caparo and what is said
Robinson v chief constable of WY- this element doesn’t need to be applied if DOC already established
What are the 2 times when the courts are reluctant to impose a DOC (f/j/r)
- imposed additional/burdensome duties on those performing public service
- recognising duty will open floodgates
What case is used for one of the reasons why courts are reluctant to impose a duty of care (additional/burdensome duties for public services)
Hill v chief Constable- police don’t have a duty to all V’s of crime as it wouldn’t be fair just and reasonable and would divert recources
What did the case of Robinson v chief constable say following hill’s comment on no police duties for all V’s
Not create immunity for police, they are under a duty to protect individuals from danger they have created
What case was used for the floodgates concern of imposing a duty
Sumner v colburn
To establish a breach what test is used
The reasonable man test
What case says how a duty is breach and what is said
Blyth v Birmingham waterworks- d breach duty when does something the RM wouldn’t do or fails to do something the RM would do
What are the 4 types of reasoable man
- ordinary man
- learner
- professional
- children
Who is the ordinary man compared to and what case is used
Compared to ordinarily competent person at carrying out that task (wells v cooper)
Who is the learner compared to and what case is used
Compared to reasoably competent person at carrying out that task, standards arnt lowered for them (nettleship v Weston)
Who is a professional compared to and what case is used
Compared to reasonably competent professional in that area (bolam v friern bonnet- not need to posses highest level of expert skill)
What do the courts look at when considering the RM for professional, use a case
Look at common practice undertaken by the majority of professionals in that area (roe v ministry of health)
Who are children compared to and what case was used
Compared to reasoably competent child of that age (millins v Richards)
What are the 4 risk factors of breach in negligence
- magnitude of risk
- special characteristics of c
- practicality of taking precautions
- social utility of act
Explain magnitude of risk and use a case
The higher the risk of harm, means there is a higher standard of care expected by the RM (Bolton v stone)
Explain special characteristics of the C and use a case
If the c is suffering from a condition/illness/circumstance that means they have a higher risk of harm or higher vulnerability, there is a higher standard of care (Paris v Stepney borough council)
Explain practicality of taking precautions
Easy to take precautions and prevent harm= higher standard of care
Unreasonable to take precautions (time/cost)= lower standard of care
What case is used for practicality of taking precautions
Latimer v AEC
Explain social utility of the act as a risk factor
The benefit of taking the risk
If Potential social usefulness/value of actions outweigh risk for harm- there is a lower standard of care
What case is used for social utility of act
Watt v Hertfordshire
What must the D have suffered in order to make a claim in negligence
Loss/harm/damage
What must be proved to satisfy the element of damage in negligence, use a case
That the D was the factual cause (Barnett v Chelsea and Kensington)
What test is used to establish the factual cause of negligence
But for test- but for the D’s breach, would the c have suffered loss/harm?
Yes= not factual cause
No= is factual cause
For remoteness of damage what test is used and what type of test is this
Reasonable forseeability test (objective)- if not reasoably forseable= too remote (d then not liable to compensate)
What case established the test for remoteness of damage
Wagon mound
What does the case of Bradford v Robinson rentals say
Only the type of damage needs to be forseable not the extent caused
What does the case of huges v lord advocate say
Only the harm/damage needs to be forseable, doesn’t matter that it occurs in an unforeseeable way
What is the exception of remoteness of damage
The thin skull rule
What is the thin skull rule in relation to the D’s liability
D still liable for full extent of damages if it was made worse because of C’s pre-existing condition
What case is used for the thin skull rule of negligence and what was said
Smith v leech brain- take a person as you find them
