Neglogenve: Personal Injury And Dmg To Prop

Question 1

What is the neighbour test and what case established it?

Answer 1

1) you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour
2) donoghue and stevenson

Question 2

What are the 3 parts to the Caparo test?

Answer 2

1) was dmg or harm reasonably foreseeable?
2) is there proximate relationship?
3) is it fair, just and reasonable to impose a duty?

Question 3

What case represents damage or harm being reasonably foreseeable?

Answer 3

Kent v Griffiths

Question 4

What case shows proximity of relationship?

Answer 4

Bourhill v young (fail)
McLaughlin v O’Brien (success)

Question 5

What case shows fair just and reasonable?

Answer 5

Hill v chief constable

Question 6

What does the Robinson case tell us?

Answer 6

If there is a case that is similar, take the precedent created in that case

Question 7

What case states the degree to which pros are judged, and what is that degree?

Answer 7

1) Bolam v Barnet hospital
2) judged by the standard of their job as a whole

Question 8

What case judges how learners are judged?

Answer 8

Nettleship v weston

Question 9

What case states how young people are judged?

Answer 9

Mullin v Richards

Question 10

Name all risk factors

Answer 10

1) special characteristics
2) size of the risk
3) appropriate precautions
4) knowledge of the risks
5) public benefit

Question 11

Breakdown special characteristics

Answer 11

Case is Paris v Stepney council, it is used for any situation in which the person had a special characteristics, such as 1 arm