Tort: Negligence

Question 1

Failing to do/ not do something which the reasonable person would.

Answer 1

Blyth v Birmingham Waterworks Co. (1856)

Question 2

Only liable if:

Answer 2

1- Duty of Care
2- Breach of Duty
3- Reasonably foreseeable injury or damage

Question 3

(Duty of Care) the neighbour principle

Answer 3

Donoghue v Stevenson

Question 4

(Duty of Care) The Caparo Test

Answer 4

Caparo v Dickman
1- Damage was reasonably foreseeable
2- Sufficiently close relationship
3- Fair just and reasonable to impose duty

Question 5

1) Reasonably foreseeable case

Answer 5

Kent v Griffiths

C having asthma attack but ambulance fails to arrive in time

Question 6

2) Proximity of relationship

Answer 6

Bourhill v Young

Pregnant woman hears motorbike crash resulting in still birth. Not successful as relationship not close

Question 7

3) Fair just and reasonable

Answer 7

ABC v St George’s healthcare NHS trust and others

C wasn’t told that Huntingdons disease runs in family as doctors did not receive fathers consent. Doctors did not owe a duty

Question 8

3) Fair just and reasonable 2nd Case

Answer 8

Hill v Chief Constance of West Yorkshire

Riper kills C’s daughter after police didn’t arrest him. Police had no duty of care to arrest

Question 9

3) Fair just and reasonable 3rd Case

Answer 9

Robinson v Chief Constable of West Yorkshire Police

Police chasing drug dealer knock into old woman. Police did owe a duty of care. Contradictory

Question 10

(Breach of Duty) Standards

Answer 10

Professional
Learners
Children
Reasonable

Question 11

Professionals

Answer 11

Judged to standards if the profession as a whole

Bolam v Fiern Barney Hospital Management Committee

Question 12

Bolam v Fiern Barnet Hospital Management Committee

Answer 12

C argues that doctor breached duty by not giving muscle relaxant drugs during ECT treatment. Suffered fractures

Doctors weren’t sure whether to give drug so giving it wasn’t mandatory

Question 13

Learners

Answer 13

Learners judged to standard of competent experienced person

Nettleship v Weston

Question 14

Nettleship v Weston

Answer 14

D was taking lessons from C. D hit a lamppost. C fractured knee. D was judged to standard of experienced

Question 15

Children and Young

Answer 15

Reasonable person of D’s age

Mullin v Richards

Question 16

Mullin v Richards

Answer 16

2 young girls fighting with plastic rulers. Ruler splintered into eye causing blindness

Couldn’t have been predicted = No guilt

Question 17

Reasonable man

Answer 17

If no other category - Ordinary man. Would someone else do the same

Question 18

Vaughen v Menlove

Answer 18

D places hay bails near Cs cottages. High chance of ignition. C claimed for fire damage. Liable

Question 19

Risk factors (1-5)

Answer 19

Special Characteristic
Size of risk
Higher risk = More care
Appropriate precautions
We’re the risks known

Question 20

Paris v Stephney

Answer 20

D didn’t provide safety goggles to his one eyed employee. D got blinded by a splinter. Extra care was owed to C

Question 21

Size of risk

Answer 21

If the risk is small. D will not have to take large precaution

Question 22

Bolton v Stone

Answer 22

Cricket

Question 23

Higher risk requires greater care

Answer 23

Haley v London electricity board

Question 24

Haley v London Electricity board

Answer 24

Fence off hole

Question 25

Appropriate precautions

Answer 25

Consider risk involved and whether D takes precaution

Question 26

Latimer v AEC ltd

Answer 26

Flooded factory. Cleaned as much as possible. C slips

Question 27

Were the risks known at the time

Answer 27

If unknown, no breach

Question 28

Roe v Minister of health

Answer 28

Anaesthetic contaminated with sterilising fluid through invisible cracks

Question 29

Damage

Answer 29

CIF, CIL, NAI