Tort - Negligence Cases

Question 1

Caparo v Dickman

Answer 1

3 part test

Question 2

Robinson v CCWY

Answer 2

Not novel case so test not used

Question 3

Kent v Griffiths

Answer 3

Foreseeability/ambulance staff and patients

Question 4

Mullin v Richard’s

Answer 4

Children & other children

Question 5

Bolam v Friem Hospital

Answer 5

Doctors & patients

Question 6

Nettleship v Weston

Answer 6

Drivers an other road users (including passengers in vehicle)

Question 7

Watt v Herts CC

Answer 7

Firemen & colleagues

Question 8

Hall v Simons

Answer 8

Lawyers and clients

Question 9

Palmer v Cornwall County Council

Answer 9

Teachers and pupils

Question 10

Sayers v Harlow VDC

Answer 10

Local authorities and public

Question 11

Donoghhue v Stevenson

Answer 11

Neighbour principle
Manufacturers and customers

Question 12

Robinson v CCWY

Answer 12

Police officers and public

Question 13

Wagonmound

Answer 13

Transportation companies and other companies

Question 14

Haley v London Electricity Board

Answer 14

Workmen and public

Question 15

Paris v Stepney BC

Answer 15

Employers and Employees

Question 16

Miller v Jackson

Answer 16

Property owners and their neighbours

Question 17

Smith v Smith

Answer 17

Hairdresser and clients

Question 18

Blyth v BWW

Answer 18

Reasonable man test

Question 19

Bolam v FH

Answer 19

D is a professional
Standard is of reasonable competent professional

Question 20

Mullins v Richard’s

Answer 20

D is child
Standard of reasonable child of that age

Question 21

Wells v Cooper

Answer 21

DIY skills
Standard of reasonable amateur (not professional)

Question 22

Nettleship v Weston

Answer 22

Not taken into account inexperience/trainee

Question 23

Bolton v Stone

Answer 23

Likelihood of harm

Question 24

Paris v Stepney

Answer 24

Seriousness of potential harm (vulnerability?)

Question 25

Latimer v AEC

Answer 25

Reasonable precautions

Question 26

Watt v Herts CC

Answer 26

Social benefits

Question 27

Barnett v C+K hospital

Answer 27

Causation “but for” test

Question 28

Wagonmound

Answer 28

Not too remote/reasonably foreseeable

Question 29

Bradford

Answer 29

D only needs to foresee general type of damage, not exact damage

Question 30

Hughs v Lord Advocate

Answer 30

D not need to foresee exactly how damage happened, just it could

Question 31

Smith v Leach Brain & co

Answer 31

Thin skull rule
D still liable