Week 1 Flashcards
Culpa
Where the fault or blame lies
Ex lege obligations
Legal obligations that arise automatically ie duty of care
Kay’s tutor v Ayrshire and Arran Health board 1987
CASUAL LINK?
Boy with meningitis was given penicillin but overdosed
Boy became deaf, alleged by family to be cause by overdose
Medical link to deafness and meningitis but none to penicillin
Damages were reclaimed on appeal for pursuant
4 questions to test for establishing negligence
1 duty of care
2 breach of duty
3 casual link
4 remoteness
What is the neighbour principle, and how is it tested
Principle- a person should take reasonable care of those around them
Test- courts ask if reasonable person would have foreseen risk of injury
Bouhill v Young 1942
WHO IS DUTY OWED TO
B was leaving tram
Y, driving negligently, crashed and someone died
B could not see accident but claimed the nervous shock of hearing it caused a miscarriage
Duty of care is owed to those who injury may reasonably be injured by actions
B was not proximate enough
What is the tripartite test
Forseeability of harm
Proximity of parties
Fair, just and reasonable
Hill v chief constable of West Yorkshire (1989)
Duties are owed to identifiable persons within a reasonably defined class as being likely to be affected by defenders conduct
Where last victim of Yorkshire rippers family tried to claim negligence by police
Court also showed that police are not in breach for not catching an unknown criminal
Bolton v Stone (1951)
Duties are owed in respect of harm that would have been within defenders contemplation as being really likely to follow from conduct
Cricket ball flew out of ground hitting a woman
Likelihood of harm was so low, not in breach
Caparo industries plc v dickman 1990
Courts will consider wether it is fair and reasonable to impose duty
Accountancy firm audited a company
Caparo bought shares based on this audit, which was incorrect and Caparo lost money
Court ruled accountants had no duty of care on appeal
Also introduced tripartite test
