Negligence - Tort Law

Question 1

Negligence definition

Answer 1

Failing to do something which the reasonable person would do or doing something which the reasonable person would not do. Can be act or omission.

Question 2

Stages for negligence

Answer 2

1. Duty of care
2. Breach of duty
3. Risk factors
4. Damage
5. Defences
6. Remedies

Question 3

When does a duty of care occur?

Answer 3

A doc occurs when a defendant and a claimant share a special relationship that imposes a legal obligation on them to act carefully.

Question 4

Neighbour principle: Donoghue V Stevenson

Answer 4

Doc is owed to anyone that is closely and directly affected by your actions.

Question 5

What is a burden of proof?

Answer 5

Usually two parties to a claim - the C and the D, who the C believes is at fault and to be blamed for the injuries or damage, therefore burden of proof is on C.

Question 6

What is the standard of proof?

Answer 6

The level of fault that has to be shown is on the balance of probabilities - it is more likely than not that the D’s fault caused the injuries or damage.

Question 7

Robinson V Chief Constable of West Yorkshire

Answer 7

No definitive test to establish existence of a doc. Look at what has previously been established (existing precedent) or an analogy can be made (Caparo test would not apply in this case)

Question 8

Nettleship V Weston

Answer 8

A learner driver is expected to meet the same standard as a reasonable qualified competent driver.

Question 9

Whitehouse V Jordan

Answer 9

A doctor owes a duty of care to his patient.

Question 10

Condon V Basi

Answer 10

A sportsman owes a duty of care to another sportsman playing in the same match.

Question 11

Walker V Nothumberland CC

Answer 11

An employer owes a duty of care to their employees.

Question 12

When does Caparo Test apply?

Answer 12

No existing precedent, in a novel situation.

Question 13

Caparo V Dickman test

Answer 13

A. Was damage/hard reasonably foreseeable?
B. Was there a relationship of sufficient proximity?
C. Is it fair, just and reasonable to impose a duty?

Question 14

Was damage reasonable foreseeable cases?

Answer 14

Kent V Griffiths
Bourhill V Young

Question 15

Kent V Griffiths

Answer 15

Held to be reasonably foreseeable that if an ambulance arrived late to a call that the waiting patient could suffer harm

Question 16

Bourhill V Young

Answer 16

Not considered reasonably foreseeable that a person 50 yards away from a motorbike accident who did not witness it could suffer shock and a miscarriage due to rider’s lack of care.

Question 17

Relationship of sufficient proximity

Answer 17

Proximity means there is a special connection between D and C: time, physical space or relationship.

Question 18

McLoughlin V O’Brien

Answer 18

Was a proximity in terms of a relationship as even though C did not witness the accident, she saw the immediate aftermath and had ‘close ties of love and affection’ with victims.

Question 19

Donoghue V Stevenson: Proximity

Answer 19

Was a proximity in terms of reliance as C relied on the manufacturer of the ginger beer.

Question 20

Hill V West Yorkshire Police

Answer 20

No proximity between the police and relatives of the Yorkshire Ripper’s last victim.

Question 21

Osman V Ferguson

Answer 21

Was proximity between the police and the victims of an attack as the police had specific information as to the potential identified victim.

Question 22

Fair, just and reasonable to impose doc?