Breach of duty of care Flashcards
Elements of negligence
1) Duty A owes to B
2) Breach of standard of care
3) Causation - has A’s breach caused damage to B
4) Remoteness, type of damage reasonably foreseeable
5) Damage, what is B’s loss in financial terms
Established duty
Those such as doctor patient relationship
Wilsons v English
As an employer, had a duty of care to ensure a safe system of work and this duty could not be fully delegated to another employee.
Novel situations
Where courts have not previously considered duty of care can be established
Neighbour principle
Neighbour principle
Donoghue v Stevenson 1932
Must take reasonable care to avoid acts or omissions which you can reasonably foresee would likely to injure your neighbour
Home office v Dorset Yacht 1970
Owners of yacht claimed damages as result of collision and misuse by seven escaping borstal boys
Reasonable foreseeability of harm due to failure to exercise proper control supervision
Anns v Merton 1978
Liability of local authority of lease for failure to ensure building conformed to deposited plans
Caparo v Dickman 1990 (Two stage refinement)
Reasonable foreseeability that conduct would cause damage to claimant
Sufficient proximity between C and D
Caparo v Dickman 1990 (Two stage refinement)
Consider:
Reasonable foreseeability that conduct would cause damage to claimant
Sufficient proximity between C and D
Reasonable man?
Hypothetical reasonable person of how normal people act in society
Dunnage and Randall 2015
Set fire after helping uncle with schizophrenia who set self alight, seen as reasonable man with schizophrenia and objective test still regardless of mental illness
Mansfield v Weetabix 1997 (lorry)
Driver unknown of condition and fell asleep crashing into shop. No breach as standard of care of a driver unaware of condition that impairs driving
Children and breaches
Adults same regardless of age but children adjusted to what is reasonable for that age
Relevant Factors
