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Tort Law > Negligence- Personal Injury And Property Damage > Flashcards

Negligence- Personal Injury And Property Damage Flashcards

1
Q

Negligence is a tort, what does this mean

A

A civil wrong

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2
Q

What case defined negligence and what was it defined as

A

Blyth v Birmingham waterworks- an omission to do something the RM would do, or doing something the RM wouldn’t do

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3
Q

What are the 3 elements that need to be proven for negligence

A
  • duty of care
  • breach of duty
  • damage
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4
Q

What was the modern approach of applying a duty of care and what case said this

A

Robinson v chief constable- said you must apply the 3 p[art test from caparo

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5
Q

What case said not to follow the modern approach, what was said to do instead

A

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

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6
Q

What duty do public authorities have and what are they not under a duty to do

A

Under duty to not cause public harm via their own actions
Not under duty to prevent harm from 3rd parties

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7
Q

What are the 3 steps of applying a duty of care

A
  1. See if there’s an existing precedent
  2. See if there’s a similar precedent
  3. Apply caparo
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8
Q

What are the 3 elements of the caparo criteria for a duty of care

A
  • forseeability
  • proximity
  • fair, just and reasonable
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9
Q

What is the test for the forseeability criteria from caparo, and what type of test is this

A

Would the Rm in the D’s position have forseen that someone in the C’s position might suffer harm?
Yes= test satisfied
(Objective)

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10
Q

What case is used for the forseeability element of caparo

A

Kent v griffiths

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11
Q

Explain the proximity element of caparo and use a case

A

Consider time, space and relationship (bornhill v young)

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12
Q

What case is used for the fair, just and reasonable element of caparo and what is said

A

Robinson v chief constable of WY- this element doesn’t need to be applied if DOC already established

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13
Q

What are the 2 times when the courts are reluctant to impose a DOC (f/j/r)

A
  • imposed additional/burdensome duties on those performing public service
  • recognising duty will open floodgates
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14
Q

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)

A

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

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15
Q

What did the case of Robinson v chief constable say following hill’s comment on no police duties for all V’s

A

Not create immunity for police, they are under a duty to protect individuals from danger they have created

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16
Q

What case was used for the floodgates concern of imposing a duty

A

Sumner v colburn

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17
Q

To establish a breach what test is used

A

The reasonable man test

18
Q

What case says how a duty is breach and what is said

A

Blyth v Birmingham waterworks- d breach duty when does something the RM wouldn’t do or fails to do something the RM would do

19
Q

What are the 4 types of reasoable man

A
  • ordinary man
  • learner
  • professional
  • children
20
Q

Who is the ordinary man compared to and what case is used

A

Compared to ordinarily competent person at carrying out that task (wells v cooper)

21
Q

Who is the learner compared to and what case is used

A

Compared to reasoably competent person at carrying out that task, standards arnt lowered for them (nettleship v Weston)

22
Q

Who is a professional compared to and what case is used

A

Compared to reasonably competent professional in that area (bolam v friern bonnet- not need to posses highest level of expert skill)

23
Q

What do the courts look at when considering the RM for professional, use a case

A

Look at common practice undertaken by the majority of professionals in that area (roe v ministry of health)

24
Q

Who are children compared to and what case was used

A

Compared to reasoably competent child of that age (millins v Richards)

25
Q

What are the 4 risk factors of breach in negligence

A
  • magnitude of risk
  • special characteristics of c
  • practicality of taking precautions
  • social utility of act
26
Q

Explain magnitude of risk and use a case

A

The higher the risk of harm, means there is a higher standard of care expected by the RM (Bolton v stone)

27
Q

Explain special characteristics of the C and use a case

A

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)

28
Q

Explain practicality of taking precautions

A

Easy to take precautions and prevent harm= higher standard of care
Unreasonable to take precautions (time/cost)= lower standard of care

29
Q

What case is used for practicality of taking precautions

A

Latimer v AEC

30
Q

Explain social utility of the act as a risk factor

A

The benefit of taking the risk
If Potential social usefulness/value of actions outweigh risk for harm- there is a lower standard of care

31
Q

What case is used for social utility of act

A

Watt v Hertfordshire

32
Q

What must the D have suffered in order to make a claim in negligence

A

Loss/harm/damage

33
Q

What must be proved to satisfy the element of damage in negligence, use a case

A

That the D was the factual cause (Barnett v Chelsea and Kensington)

34
Q

What test is used to establish the factual cause of negligence

A

But for test- but for the D’s breach, would the c have suffered loss/harm?
Yes= not factual cause
No= is factual cause

35
Q

For remoteness of damage what test is used and what type of test is this

A

Reasonable forseeability test (objective)- if not reasoably forseable= too remote (d then not liable to compensate)

36
Q

What case established the test for remoteness of damage

A

Wagon mound

37
Q

What does the case of Bradford v Robinson rentals say

A

Only the type of damage needs to be forseable not the extent caused

38
Q

What does the case of huges v lord advocate say

A

Only the harm/damage needs to be forseable, doesn’t matter that it occurs in an unforeseeable way

39
Q

What is the exception of remoteness of damage

A

The thin skull rule

40
Q

What is the thin skull rule in relation to the D’s liability

A

D still liable for full extent of damages if it was made worse because of C’s pre-existing condition

41
Q

What case is used for the thin skull rule of negligence and what was said

A

Smith v leech brain- take a person as you find them

Tort Law (12 decks)

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