Negligence Practice Questions Flashcards
What are the three key aspects of the law on negligence
Duty of care
Breach of duty of care
Breach of duty of care has caused damage and the damage is not too remote
Which case laid down the three stage test
Caparo v Dickman
What are the three stages to establish duty of care
Reasonable foresight
Proximity
Is it fair, just and reasonable
What principle was established in the case of Donoghue v Stevenson
The neighbour principle
Which case stated is it reasonably foreseeable that a person in the claimants position would suffer damage as a result of the defendants acts or omissions
Kent v griffiths
Why was the claimant not proximate in Bourhill v Young
She took herself to the accident
What is the full rule stated in the case of Hill v CCWYP
Is it fair, just and reasonable to impose a duty of care. Public policy argument to avoid opening floodgates to multiple claims
Why were the police responsible in Robinson v WYP
Police not always immune from liability in negligence
In regard to breach of duty of care, what is the definition from Baron Anderson in Blyth v Birmingham Waterworks
‘failing to do something which a reasonable person would do or doing something which reasonable person would not do’
What is the bolam test
Does the conduct fall below the standard of a reasonable, competent professional
Which case stated that learners will be held to the same standard as the competent person
Nettleship v Weston
Which risk factor is supported by the case of bolton v stone
The degree and probability that harm will be done - the reasonable man does not take care against minute risks but does against big risks. The likelihood of injury determines if the reasonable man failed to act
Which case supports the rule ‘the magnitude of likely harm, courts consider not only the risk but how serious the injury could foreseeably be. The standards of a reasonable person will in certain circumstances be higher. Higher standards of care expected when the defendant knows the claimant is vulnerable’.
Paris v Stepney Borough Council
What rule is supported by the case of Barnett v Chelsea and Kensington HMC
‘But for’ the defendants breach of duty would the claimant have suffered the harm
What is the latin for new and intervening acts
Novus actus interveniens
