#Exam 2(2)- Liability In Negligence

Question 1

what are the three aspects of negligence

Answer 1

duty of care
breach of duty
damage caused

Question 2

which case originally showed duty of care

Answer 2

donoghue v stevenson

Question 3

what did Caparo v Dickman show

Answer 3

creates the test we have now for duty of care

Question 4

what falls under duty of care

Answer 4

harm which is reasonable forseeable
sufficient proximity
fair just and reasonable

Question 5

what happened in kent v griffths

Answer 5

ambulance took unreasonable time- more injury - reasonable forseeable

Question 6

Bourhill v Young

Answer 6

woman heard accident on road and had miscarriage- no proximity in relationship

Question 7

Mcloughlin v O’Brian

Answer 7

mother suffers shock after seeing injured family- close in proximity

Question 8

Hill v Chief Constable of West Yorkshire

Answer 8

not fair to impose duty on police- Yorkshire Ripper

Question 9

what are the special people to be considered under breach of duty

Answer 9

professionals
learners
children and young people

Question 10

what are risk factors under breach of duty

Answer 10

size of risk 
special characteristics of V
cost 
knowledge of danger
public benefit

Question 11

what happened in Bolam v Friern Barnet hospital management

Answer 11

held that professionals held in account with standards of that profession

Question 12

what is bolam test

Answer 12

1) does it fall below standard

2) would a substantial body have supported Ds action

Question 13

what does Nettleship v Weston show

Answer 13

learners judged at the standard of ordinary person

Question 14

Mullins v Richards

Answer 14

judged at defendants age at the time of accident

Question 15

Paris v Stepney b council

Answer 15

has the claimant got any special characteristics to be aware of.

Question 16

Bolton v Stone

Answer 16

cricket case

more higher the risk the greater care should be taken

Question 17

Latimer v AEC

Answer 17

flooded factory

Risk involved is balanced against the cost of precautions

Question 18

Roe v Minister of health

Answer 18

if risk is not known there is not a breach

antiseptic in tubes

Question 19

haley v LEB

Answer 19

higher risk of injury the standard is higher

Question 20

watt v Hertfordshire

Answer 20

greater risk is allowed in emergency situations

Question 21

day v high performance sports

Answer 21

duty of care not breached in emergency - rock climber

Question 22

what is factual causation

Answer 22

the but for test. but for Ds act would injury have happened

Question 23

what does Barnett v Chelsea and Kensington hospital show

Answer 23

but for test

Question 24

wagon mound

Answer 24

the damage caused must not be too remote

Question 25

hughes v lord advocate

Answer 25

something can still be forseeable even if the exact injury wasnt

Question 26

bradford v robinson rentals

Answer 26

consequence forseeable even if more severe

Question 27

doughty v turner asbestos

Answer 27

consequence not known so injury not forseeable

Question 28

smith v leech brain and co

Answer 28

defendant liable for all consequences of negligence

Question 29

what are the defences for negligence

Answer 29

contributory negligence

consent

Question 30

what does sayers v harlow show

Answer 30

if C partially responsible then damages reduced

Question 31

O’Connell v Jackson

Answer 31

no crash helmet - 15%

Question 32

froom v Butcher

Answer 32

no seat belt 20%

Question 33

Stinton v Stinton

Answer 33

lift from drunk driver 33%

Question 34

Stermer v Lawson

Answer 34

No consent as claimant had not been properly shown how to ride a motorbike

Question 35

Smith v Baker

Answer 35

Claimant had not choice but to do work - no consent

Question 36

Haynes v Harwood

Answer 36

Police or firemen did not consent to injuries when doing public duty

Question 37

Sidaway v governors or the Bethlehem royal hospitals

Answer 37

Not every possible risk has to be explained before valid consent can be given

Question 38

ICI ltd v shatwell

Answer 38

A claimant ignoring his employer’s instructions and not following statutory rules can’t use consent

Question 39

Wool ridge v summer

Answer 39

Must be tort committed to use w defence