Tort of Negligence Flashcards
What are the four key questions to consider in a negligence claim?
Did the defendant owe a duty of care? 2) Was there a breach of duty? 3) Did the breach cause harm? 4) Are defences available?
What must claimants prove regarding duty of care?
Claimants must prove that the defendant owed them a duty of care, which establishes a legal precedent for similar cases
When does a defendant owe a duty of care to a rescuer?
If a defendant’s actions create a dangerous situation, they owe a duty of care to anyone who may attempt a rescue
What is the Caparo test for establishing a duty of care?
The Caparo test (Caparo Industries plc v Dickman, 1990) requires 1) reasonable foresight of harm, 2) sufficient proximity, and 3) that it’s fair, just, and reasonable to impose duty
Are police liable for negligence in core operational duties?
Generally, no, unless it involves a positive act like an arrest, as clarified in Robinson v Chief Constable of West Yorkshire Police
What is “res ipsa loquitur” and when does it apply?
“The thing speaks for itself”; it applies when negligence is implied without direct proof, as seen in Scott v London & St Katherine Docks (1865)
What are the three conditions under which “res ipsa loquitur” applies?
The thing causing damage must be under the defendant’s control, the accident must typically not happen without negligence, and the cause of the accident must be unknown to the claimant, as seen in Scott v London & St Katherine Docks (1865)
What does the case of Barrett v Ministry of Defence establish in regard to liability?
A defendant can be held as liable if they assume responsibility via contributory negligence
What is the duty of care ruling regarding the Fire Service in Capital Counties v Hampshire County Council?
The court held that the Fire Service has no duty of care when receiving emergency calls, unlike the Ambulance Service, which is treated as part of the healthcare system
How did the court view the responsibility of intoxicated individuals in Barrett v Ministry of Defence (1994)?
The court ruled that individuals are responsible for their own actions until others assume responsibility for them, as Barrett’s friends did when they put him to bed
What was the ruling in Swinney v Chief Constable of Northumbria Police regarding police informants?
The court ruled that the police owed a duty of care to informants, considering their importance and the limited potential for a floodgate effect
