negligence summery Flashcards
What is negligence?
Negligence has been developed through case law such as Blyth v waterworks company which has defined negligence as … and there are three elements of negligce that must be satisfied in order for there to be liability. duty of care , breach , damage not too remote
What are the main three elements of negligence
- Duty of care, Breach , damage not too remote
What is duty of care ?
Duty of care is the legal realtionship between the claiment and the defendant this has been established in the case of Donoghue v Stevenson which also established the neighbour principle. this was further developed by lord atkin but updated by the Caparo test
What case updated the law of duty of care
The Caparo test which came from the case of caparo industires v plc dickman
What are the three principles of the Caparo test ?
- was the harm reasonably foreseeable ? - kent v griffis
- was there a relationship of proximity ? mcloiglin v obiran and bourhill v young
- was it fair just and reasonable to impose the duty.. Hill v cheif constable of west yorkshire
Explain what is meant by the first part of the caparo test and ?
The first part of the caparo test asks if the harm was resonable forseeble
- this uses and objective test known as the resonable man
- the case used to illustarte this is kent v griffis
What case is used as an example of the first part of the caparo test
- KENT V GRIFFIS
What is the second part of the caparo test give a case name to further explain this .
The second part of the caparo test asks if there is a relationship of proximity
- this refers to time , space and relationship
this case that can be used to show this is Mcloughin V obrian
What cases can be used to show the second part of the caparo test ?
- Mcloughlin v Obrian - cliaiment won
- Bourhill v young- no duty of care
What is the third part of the Caparo test ?
- Is it fair just and reasonable to impose a duty of care ?
- this refers to public policy to prevent floodgates
- shown in the case of hill v chief constable of west yorkshire
What case shows the third part of the caparo test ?
- Hill v chief constable of west yorkshire
what is meant by breach of duty and what is it measured to ?
the standard of care expected is measured to the reasonable man which was etablished in the case of blyth v birmingham waterworks company
What are the factors that may affect the standard of care ?
1) special characteristics of the defendant.- learners, standard of care measured to the comptant driver eg in nettleship v weaston , Professionals, standard of care measured to the competent professional/ body of opinion case= Bolem v fridan hospital managment commitee
2) Special characteristics of the claiment. The resoanble man takes more care when the situation demands it eg Paris v stepheny council
3) size of the risk- the greater the risk the more precautions needed eg Miller v jackson and Haley v london electricty bored
4) Practical precautions - the resonable man does aoll he can do to prevent injuries( does what is resonable) Latimer v ace
5) Public Benefit . where there is a publci emergency the standard of care is lowered eg day v high performance sport
What case shows that there is a breach ?
- BLYTH V BIRMINGHAM WATERWORKS COMPANY
What is the last part needed for negligence ?
Damage which is not too remote
