Tort of Negligence Flashcards
What three parts must be established and satisfied to bring about a claim of negligence?
Show a duty of care, show that there was a breach of that duty and that the breach caused damage
Which case can be used if the duty given is already an established one?
Robinson v CC of West Yorkshire
If a duty needs to be a established, which test must we use to do this?
Caparo v Dickman three stage test
What is meant by ‘reasonable foresight’?
Is it reasonably foreseeable that the Ds act or emission will injure the claimant
Which case demonstrates reasonable foresight?
Kent v Griffiths
What is meant by proximity and what does this include?
Is there a closeness between the two parties, this can include space, time or relationship (a manufacturer and consumer is a close relationship)
Which case shows that there was no proximity between the C and D?
Bourhill v Young
What is meant by is it fair, just and reasonable to impose a duty?
Not fair to impose duty on emergency services because they can be drained of their resources and open the floodgates of litigation
What case can we use to show where it is not fair, just and reasonable to impose a duty?
Hill v CCWY
What test is used to established a breach and how is this described?
Reasonable man test, if they failed to do something a reasonable man would do, or does something a reasonable man would not do in the same situation
What case does the reasonable man test come from?
Blyth v Birmingham Waterworks Co
Give two examples of individual characteristics that would not be taken into account due to the test being objective
Learners and juniors
What are the two exceptions of individual characteristics that are taken into account?
Skilled/professional defendants (compared to those in the same job) and children (Judged by the same age)
Give a case that can be used for learners
Nettleship v Weston
Give a case that can be used for juniors
Wilsher v Essex Health Authority
Give a case that can be used to demonstrate skilled/professional defendants as individual characteristics
Bolam
Give a case that can be used to demonstrate being a child as an individual characteristic
Mullin v Richards
What two risk factors will increase the standard of care?
Likelihood of injury and risk of serious injury
What two risk factors will decrease the standard of care?
Importance of Ds activity and the cost of eliminating the risk
What is meant by likelihood of injury and what is the case for this?
The more likely an injury the more care that should be taken, case of Bolton v Stone
What is meant by risk of serious injury and what case can be used for this?
If there is a risk of serious injury because of the Cs personal characteristic care must increase, case of Paris v Stepney Borough Council
What is meant by the importance of Ds activity and what is the case for this?
If the D is saving a life or an emergency service care will decrease and more careless behaviour is allowed, case of Watt v HCC
What is meant by the cost of eliminating the risk and what is the case for this?
The D does not have to go above and beyond or ‘break the bank’ to reduce a risk, only expected to do what the reasonable man would, case of Latimer v AEC Ltd
What is the but for test and which case illustrates this?
But for the breach of duty, C wouldn’t have suffered injury or damage when they did, Barnett v Chelsea and Kensington HMC
When will an intervening act break the chain of causation and what is the case for this?
When the act is unforeseeable, Scott v Shepard
What is meant by multiple causes and what is the case for this?
C must prove D actually caused damage or materially contributed, Wilsher v Essex Health Authority
What is meant by remoteness of damage?
Type of damage must be an expected outcome from the Ds breach, must not be too remote
What case illustrates remoteness of damage?
Wagon Mound
What case illustrates that the type of damage is what matters and not how it happened (sequence of events)?
Hughes v Lord Advocate
What is meant by the thin skull test and which case demonstrates this?
The D must take the C as they find them, regardless of it damage is more serious due to something unusual about the C, Smith v Leech Brain & Co
