Tort of Negligence

Question 1

What three parts must be established and satisfied to bring about a claim of negligence?

Answer 1

Show a duty of care, show that there was a breach of that duty and that the breach caused damage

Question 2

Which case can be used if the duty given is already an established one?

Answer 2

Robinson v CC of West Yorkshire

Question 3

If a duty needs to be a established, which test must we use to do this?

Answer 3

Caparo v Dickman three stage test

Question 4

What is meant by ‘reasonable foresight’?

Answer 4

Is it reasonably foreseeable that the Ds act or emission will injure the claimant

Question 5

Which case demonstrates reasonable foresight?

Answer 5

Kent v Griffiths

Question 6

What is meant by proximity and what does this include?

Answer 6

Is there a closeness between the two parties, this can include space, time or relationship (a manufacturer and consumer is a close relationship)

Question 7

Which case shows that there was no proximity between the C and D?

Answer 7

Bourhill v Young

Question 8

What is meant by is it fair, just and reasonable to impose a duty?

Answer 8

Not fair to impose duty on emergency services because they can be drained of their resources and open the floodgates of litigation

Question 9

What case can we use to show where it is not fair, just and reasonable to impose a duty?

Answer 9

Hill v CCWY

Question 10

What test is used to established a breach and how is this described?

Answer 10

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

Question 11

What case does the reasonable man test come from?

Answer 11

Blyth v Birmingham Waterworks Co

Question 12

Give two examples of individual characteristics that would not be taken into account due to the test being objective

Answer 12

Learners and juniors

Question 13

What are the two exceptions of individual characteristics that are taken into account?

Answer 13

Skilled/professional defendants (compared to those in the same job) and children (Judged by the same age)

Question 14

Give a case that can be used for learners

Answer 14

Nettleship v Weston

Question 15

Give a case that can be used for juniors

Answer 15

Wilsher v Essex Health Authority

Question 16

Give a case that can be used to demonstrate skilled/professional defendants as individual characteristics

Answer 16

Bolam

Question 17

Give a case that can be used to demonstrate being a child as an individual characteristic

Answer 17

Mullin v Richards

Question 18

What two risk factors will increase the standard of care?

Answer 18

Likelihood of injury and risk of serious injury

Question 19

What two risk factors will decrease the standard of care?

Answer 19

Importance of Ds activity and the cost of eliminating the risk

Question 20

What is meant by likelihood of injury and what is the case for this?

Answer 20

The more likely an injury the more care that should be taken, case of Bolton v Stone

Question 21

What is meant by risk of serious injury and what case can be used for this?

Answer 21

If there is a risk of serious injury because of the Cs personal characteristic care must increase, case of Paris v Stepney Borough Council

Question 22

What is meant by the importance of Ds activity and what is the case for this?

Answer 22

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

Question 23

What is meant by the cost of eliminating the risk and what is the case for this?

Answer 23

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

Question 24

What is the but for test and which case illustrates this?

Answer 24

But for the breach of duty, C wouldn’t have suffered injury or damage when they did, Barnett v Chelsea and Kensington HMC

Question 25

When will an intervening act break the chain of causation and what is the case for this?

Answer 25

When the act is unforeseeable, Scott v Shepard

Question 26

What is meant by multiple causes and what is the case for this?

Answer 26

C must prove D actually caused damage or materially contributed, Wilsher v Essex Health Authority

Question 27

What is meant by remoteness of damage?

Answer 27

Type of damage must be an expected outcome from the Ds breach, must not be too remote

Question 28

What case illustrates remoteness of damage?

Answer 28

Wagon Mound

Question 29

What case illustrates that the type of damage is what matters and not how it happened (sequence of events)?

Answer 29

Hughes v Lord Advocate

Question 30

What is meant by the thin skull test and which case demonstrates this?

Answer 30

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