1) Negligence Flashcards
(15 cards)
What kind of crime is negligence
Tort - civil wrong
What parts are necessary for proving negligence
1) Duty of care
2) Breach of that duty
3) Damage/injury is directly linked to and caused by breach
What case established the test for negligence
Caparo industrives v Dickman
What did Caparo v Dickman establish
The caparo test
What is included within the caparo test
a. was the harm reasonable forceable
b. was there a proximity of relationship
c. is it just and fair to impose liability
What case stated the caparo test did not need to be used if there was past precedent
Robinson v CC of West Yorkshire
What are examples of precedent for negligence situations (cases)
Nettleship v Weston - road user to other road user
Bolam v Friern hospital - professional to professional
Paris v Stepney Borough - employer to employee
How do we establish breach in duty of care
- Established through standard of care and whether they deviated from the standard of care
What is the standard of care
That of a reasonable personW
What case outlined the standard of care
Blyth v Birmingham waterworks
What case does there not need to be precaution taken
If the cost of precaution is too high
- Latimer v AEC
Whats the third step of establishing negligence
Causation
Legal + Factual
How do we establish legal causation
- Remoteness test, (Wagon Mound)
“thin skull rule” take you victims how you find them - Predisposition still means you are liable
How do we establish factual causation
- ‘But for test’ (Barnett v Chelsea)
would the same outcome have occurred if it was not but for the defendants actions
