Trespass to the Person/Negligence Flashcards
When defending property, what must/may a defendant do?
May take reasonable steps to eject trespasser, but may have to ask them to leave before using force - Green v Goddard.
Established duty owed by contractor to members of the public?
Yes - AC Billings v Riden.
Duty of care owed by police to informants?
Yes - Swinney.
Duty of care owed generally by fire brigade? Exception.
No, unless harm caused by specific operational act, e.g. turning off sprinklers - Capital & Counties v Hampshire.
Duty of care owed generally by ambulance crew? Exception.
No, until call accepted, then sufficient proximity to victim - Kent v Griffiths.
Standard of care child must show himself for contributory negligence?
Reasonable child of that age - Gough v Thorne.
Standard of care person in danger must show himself?
Evasive actions must be reasonable - Jones v Boyce.
Will a rescuer be contributorily negligent?
Only where actions are entirely unreasonable - Baker v T E Hopkins.
Will failure to wear a seatbelt be contributory negligence?
Yes - Froom v Butcher.
Will failure to wear a helmet on a motorcycle be contributory negligence?
Yes - Capps v Miller.
Will accepting a lift from a drunk driver be contributory negligence?
Yes - Owens v Brimmel.
Definition of negligence.
Breach by D of legal duty of care owed to C, resulting in actionable damage to C unintended by D.
