Test: Negligence

Question 1

Negligence created in

Answer 1

Donoghue v Stevenson

Question 2

3 part tested created in

Answer 2

Caparo v Dickman

Question 3

Reasonably forseeable damage

Answer 3

Jolley v Sutton

Bourhill v Young

Question 4

Proximity

Answer 4

Vowels v Evans - Time and space

Osman v Fergusson - relationship/knowledge

Question 5

FJR(fair just and reasonable)

Answer 5

Individual - Vowels v Evans, Griffiths v Lindsay

Public authority - Hill v CCoSYP, Robinson v CCoWYP, Capital county v HCC

Question 6

Reasonable man test

Answer 6

Blyth v BBW

Question 7

Standard of care - age

Answer 7

Mullin - age lowers standard

Question 8

Standard of care - inexperience

Answer 8

Nettleship v Weston - inexperience doesn’t alter standard

Question 9

Standard of care - Profession

Answer 9

Bolam - profession increase standard

Question 10

Risk factor - Size of risk

Answer 10

Bolton v Stone, Miller v Jackson

Question 11

Risk factor - seriousness of potential harm

Answer 11

Paris v SBC

Question 12

Risk factor - practicality of precautions

Answer 12

Paris v SBC, Haley v LEB, Latimer v AEC

Question 13

Risk factor - Benefits of risks

Answer 13

Watts v HCC

Question 14

Factual causation

Intervening acts

Answer 14

‘but for’, Barnett

intervening act: Reevs v MPC, Wilkin-shaw

Question 15

Remoteness - type of damage must be reasonably forseeable

Answer 15

The Wagon mound

Question 16

Remoteness - How damage happens can be unforseeable

Answer 16

Hughes v Lord advocat

Question 17

Remoteness - Extent of damage is unforseeable

Answer 17

Bradford v robinson

Question 18

Egg shell skull rule

Answer 18

Smith v Leech Brain