section b- negligence

Question 1

explanation of negligence

Answer 1

baron alderson defined as failing to do something which the reasonable person would do or doing something which the reasonable person would not do. come from act or omission and applies to damage to people or property
c has to prove D cause harm or damage.

Question 2

what does the balance of probabilities mean

Answer 2

who the courts are more certain should be responsible

Question 3

test for establishing a negligence claim

Answer 3

1. owe c a DOC
2. BOD
3. causes injury or damage

Question 4

what is tort

Answer 4

a civil wrong that unfairly results in loss or harm to another

Question 5

when is the caparo test used

Answer 5

only needed in novel situations (brand new)

Question 6

what are the 3 stepts of the caparo test and cases

Answer 6

1. is the damage or harm reasoably forseeable
   kent v griffiths- asthma attack ambulance not come in time
2. is there a close and proximate relationship
   bourhill v young- still born after traumatic rxperince- failed
3. fair just and reasonable to impose a duty considering public policy (Protecting public)
   hill v CCWY killed by yorkshire ripper- non liable police. no DOC to GP