Tort - Negligence (Duty & Breach)

Question 1

One road user to another

Answer 1

London Passenger Transport Board v Upson

Question 2

Defendant to rescuer where D has created a dangerous situation where it is foreseeable someone may attempt a rescue

Answer 2

Baker v Hopkins

Question 3

Driver to pedestrians and passengers

Answer 3

Nettleship v Weston

Question 4

Referee to sports player

Answer 4

Vowles v Evans

Question 5

Participant in sport to another

Answer 5

Condon v Basi

Question 6

Advocate to client

Answer 6

Arthur Hall v Simons

Question 7

No duty of care from fire service to emergency caller

Answer 7

Capital and Counties v Hampshire CC

Question 8

General Rule: Police owe a duty of care to avoid causing foreseeable personal injury to another person by positive act

Answer 8

Robinson v Chief Constable of West Yorkshire

Question 9

Where the police have assumed a position of responsibility for someone/ someone has been entrusted to their care they owe a duty of care to that person

Answer 9

Kirkham v Chief Constable of Manchester Police

Question 10

What is the wide ratio in Donoghue v Stevenson?

Answer 10

You must take reasonable care to avoid acts which you can reasonably foresee would be likely to injure your neighbour

Question 11

What are the criteria for a novel duty of care established in Caparo? (Plus other authority)

Answer 11

Harm to this particular defendant as a result of D’s actions was reasonably foreseeable (Bourhill v Young)

Proximity of relationship between D and C

Fair, just and reasonable to impose a duty (Bishop Rock Marine)

Question 12

Breach of duty is established objectively

Answer 12

Glasgow Corp v Muir

Question 13

The general standard is that of a reasonable person

Answer 13

Blythe v Birmingham Waterworks

Question 14

The defendants conduct is considered in relation to the state of knowledge at the time of the breach

Answer 14

Roe v Ministry of Health

Question 15

If D is a professional, he will be held to the standard of the reasonably competent person in that profession

Answer 15

Bolam v Friern Hospital Management Committee

Question 16

If conduct is in line with common practice this will be a good indication that D is not in breach

Answer 16

Bolam v Friern Hospital Management Committee

Question 17

There is no allowance for inexperience

Answer 17

Nettleship v Weston

Question 18

There is no allowance for professional inexperience

Answer 18

Wilsher v Essex Area Health Authority

Question 19

The general standard for children is that of a reasonable child of the defendant’s age

Answer 19

Mullin v Richards

Question 20

If the risk of harm is high, D should take steps to mitigate. If the risk of harm is low, there is no such duty

Answer 20

Bolton v Stone

Question 21

If there is a risk of serious harm, D should take steps to mitigate

Answer 21

Paris v Stepney

Question 22

The cost and practicality of precautions should be considered

Answer 22

Latimer v AEC

Question 23

If D’s actions have a public benefit/ offer social utility this may justify the taking of greater risks

Answer 23

Watt v Hertfordshire CC

Question 24

There is no duty to protect against ‘fantastic’ possibilities

Answer 24

Fardon v Harcourt-Rivington

Question 25

If there is prima facie evidence of negligence the claimant may not have to prove it. What is the term for this?

Answer 25

Res ipsa loquitur

Question 26

What conditions need to be met to show res ipsa loquitur?

Answer 26

Thing that caused damage under the control of D Event would not normally happen without negligence There is no direct evidence D failed to exercise reasonable care