Section B- Negligence Flashcards
explanation of negligence
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.
what does the balance of probabilities mean
who the courts are more certain should be responsible
test for establishing a negligence claim
- owe c a DOC
- BOD
- causes injury or damage
what is tort
a civil wrong that unfairly results in loss or harm to another
when is the caparo test used
only needed in novel situations (brand new)
what are the 3 stepts of the caparo test and cases
- is the damage or harm reasoably forseeable
kent v griffiths- asthma attack ambulance not come in time - is there a close and proximate relationship
bourhill v young- still born after traumatic rxperince- failed - 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
What are the 8 established duties in the test of Robinson
Doctors- patients
Manufacturers- consumers
Employers-employees
Chef/caterer- consumer
Driver- pedestrians
Solicitors/barristers- clients
Police-public
Teacher- student
When is the Robinson test used
Non novel case
What happens in the case of Robinson v CCWY
Woman struck down by criminal and 2 police chasing them fell on her
Held: DOC owed from police
What case is used for doctors- patients
Bolam v friern
What happens in bolam v friern
Undergoing electro convulsive therapy- D gave no relaxant and C suffered injuries
Held: no breach of duty- D acted in accordance with practice accepted- low risk fracture
What is the case used for manufacturers- consumers
Donoghue v Stevenson
What happens in donhouge v Stevenson
Snail in ginger beer
Held; manufacturer owed DOC
What is the case used for employers- employees
Paris v Stepney borough council
What happened in Paris v Stepney borough council
Only had sight in one eye and whilst working metal damaged the eye making him fully blind
Held- BOD- should have provided goggles
What act is used for chef/caterer- consumers
Food safety act
What does the food safety act suggest
Chefs or caterers owe a DOC to anyone who will consume their food
What is the case used for drivers-pedestrians
Nettleship v western
What does nettleship v western include
Learner driver taking lessons from friend- got into an accident leading in fracture to C
Held- liable- same standard as qualified driver
What case is used for solicitors/barristers- clients
Hall v Simon
What happens in hall v Simon
Appeals against solicitors
Held barristers and solicitors ow doc to clients
What case is used for police-public
Robinson v CCWY
What case is used for teacher-student
Carmarthenshire county council v Lewis
What happens in Carmarthenshire county council v Lewis
Nursery child ran onto busy road, husband swerved to avoid and hit a tree and died
Held: nursery held doc to ensure their children don’t escape onto the road