Unit 2 Neg Flashcards
D can only be liable of negligence if they what?
3 things
1- they owe you a duty of years
2-they breach this duty
3-the breach causes damage
Neighbour principle in Donoghue v Stevenson
Lord atkin stated
Anyone so closely and directly affected by what D did or did not do that D would have them in mind when thinking about it
Duty of care modern approach
Caparo v Dickman
1 modern approach
Is it reasonably foreseeable for D’s act or mission would cause harm to C
Kent V Griffiths
Bourhill V Young
Kent v Griffiths
When the ambulance failed to turn up it was reasonably foreseeable that the patient waiting would suffer harm
Bourhill v Young
C did not see the accident but heard it, went voluntarily to look at it causing her a miscarriage. This damage was not reasonably foreseeable.