Week 3 Intro To Duty Of Care Flashcards
What are the elements of negligence?
D owed P a duty of care
, D breached that DoC and
that D’s breach caused P actual damage which is not too remote from that breach
Prior to Donohue v Stevenson, the courts had;
Approached negligence decisions w/o a general conception of how to answer the DoC Q
What is a policy consideration?
A consideration which allows the judge to move beyond the facts of the case and consider the broader implications of the decision
What is the first step when determining whether a DoC exists?
Ascertain whether the case comes with an established category
Why was there no liability in Winterbottom v Wright 1842?
Because there was no contract between the injured driver and the coach manufacturer
The Question of which personals actually fall within the range of a drivers duty of care to other road users is a;
Question of whether the duty arises as a matter of fact
Prior to DvS what were the exceptions to the rule that there was no DoC owed by the manufacturer to the consumer?
Where the manufacturer was the producer of the goods that were dangerous per se, or where the manafactureer knew that the product was dangerous as a result of some defect and that fact was concealed from the purchaser.
Which judges were in the majority in DvS?
Lords atkin, Macmillan & Thankerton
True or False: The salient features operate as a control measure on foreseeability?
True
Where a case doesn’t involve a r/ship that falls within one of the established categories, and where the court has determined that reasonable foreseeability is not sufficient, how will the la impose a DoC?
Look for the ‘salient features’ (or factors) of the relationship between the P & D
What is Lord Atkins neighbour principle from DvS?
You must take reasonable care to avoid acts or omssions which you can reasonably forsee would be likely to injure your neighbour
What was a reason for Lord Buckmasters dissent in DvS?
The pre-existing general rule that there was no DoC owed to a third party outside of a contract unless an exception to this rule was established.
- True or false: Outside of the established categories, a DoC will still be relatively easy to establish where is is a case of direct physical injury
True
Why did Mctiernan J find in favour of the injured P in Caterson v commissioner for wailways?
His honour drew directly on Lord Atkins neighbour princible and said that the P was a ‘neighbour’ to the D while on the train
True or False: Reasonable roesight of harm is not always sufficient to give rise to a DoC?
True
