Neg Cases

Question 1

Robinson- what did it lead to

Answer 1

Use of established duties instead of caparo test- overruled caparo test so it doesn’t have to be used in every case and only in novel situations

Question 2

Donogue v Stevenson- what did it lead to+ what happened

Answer 2

The neighbour principle
Woman found a snail in her drink and sued the manufacturer

Question 3

Caparo v dickman

Answer 3

Made caparo test
Is the damage reasonably foreseeable?
Is the relationship proximate?
Is it fair just and reasonable to impose liability

Only used in novel situations now

Question 4

Blyth v Birmingham waterworks co.

Answer 4

Started negligence
Baron Anderson- negligence is “failing to do something which the reasonable person would do or doing something which the reasonable person wouldn’t do”- started reasonable man phrase

Question 5

Kent and griffiths

Answer 5

Claimant had foreseeable injuries due to the ambulance not arriving in a timely fashion
Ambulance services have a DOC over patients

Question 6

Bourhill v young

Answer 6

Woman did not have a proximate enough relationship to the scene for the motorcyclist to have a DOC over her

Question 7

Hill

Answer 7

Woman’s daughter was killed due to police not arresting a known killer as they didn’t have enough evidence
Held: police don’t have a DOC to victims of criminal activity or do arrest a unknown criminal as it is not fair

Question 8

Bolam v friern Barnet HMC

Answer 8

Professional standards shown in case
Two professional points:
1.If Ds conduct has fallen below the standard of the ordinary competent member of that profession
2. If there is a substantial body of opinion in that profession that would not support the course of action taken by D

Question 9

Montgomery v Lanarkshire health board

Answer 9

Professional standard:
Doctors are now under a duty to disclose anything serious during childbirth- is this for all cases or just childbirth?

Question 10

Nettleship v Weston

Answer 10

Learners are held to the same standard of a experienced person

Question 11

Mullin v richards

Answer 11

Established the children and young people standard for breach of care

Question 12

Orchard v Lee

Answer 12

Example for children standard
13year old playing tig and knocked C over
Held: was horseplay- expect 13year old to play tig- wasn’t in a significantly different way of playing tig than normal

Question 13

Paris v Stepney Borough council

Answer 13

Risk factors example- special characteristics
C blind in one eye and had a splinter shot in his eye due to having now goggles provided- should’ve been provided as cost of goggles is tiny in comparison to loss of sight

Question 14

Bolton v stone

Answer 14

Small risk example
Small risk so D is not expected to take big precautions

Question 15

Haley v London electricity board

Answer 15

If there is a big risk they have a greater DOC so need to take bigger precautions

Question 16

Latimer v AEC ltd

Answer 16

Example of have all precautions been taken:
Flooding- D put down signs and mopped up and put sawdust down
Did all reasonable precautions they could so no BOD

Question 17

Roe v minister of health

Answer 17

We’re risks known at the time?
If not known then not foreseeable so can’t bring precautions against it so no BOD

Question 18

Watt v Hertfordshire county council

Answer 18

Benefits to taking risk example
Firefighter injured due to jack falling on him on the way to a scene
Jack wasn’t secured properly to save time so they could save a life- outweighed the need to take precautions

Question 19

Barnett v Chelsea and Kensington HMC

Answer 19

Factual causation
Doctor didn’t examine a man in a hospital who later died
Not liable as but for the doctors examination the man would’ve still died

Question 20

Bradford v Robinson rentals

Answer 20

Legal causation example
C drove van with no heating across the country and got frostbite
This was reasonably foreseeable in cold weather and not too remote
D was liable

Question 21

McKew v Holands

Answer 21

NAI example- a intervening act can break the chain of causation ( did the original act cause the injury or damage

Act of claimant example
Took stairs without handrail and jumped down the stairs Cs own negligent act
Climbing stairs unaided was NAI

Question 22

Carslogie steamship co v royal Norwegian government

Answer 22

Act of nature example:
Ship suffered collision damage then more damage in a storm storm was NAI and the C wasn’t liable for further damage

Question 23

Knightly v johns

Answer 23

Act of third party example
Johns caused collision tunnel was blocked. Pc sent to close it off and went down the wrong side of the road
Got in a collision
Negligent order of police officer could not be reasonably foreseen NAI breaking the chain from johns

Question 24

Smith v leech brain and co.

Answer 24

Eggshell conditions example
Burn by D lead to cancer
C died 3years later
Burn was reasonably foreseeable as the man had a eggshell condition D was liable for his death

Question 25

contributory negligence examples

Answer 25

O”Connell v Jackson- motorcyclist damages reduced by 15% for not wearing a helmet)
Jaynes v IMI (kynoch)- 100% reduction in damages

Question 26

Sayers v Harlow urban district council

Answer 26

Contributory negligence example:
C trapped in a toilet tried to escape by standing on a toilet roll holder and climbing over. Holder gave way and she was injured.
Council liable for negligent maintenance but damages were reduced by 25% because of how she tried to escape.