Negligance

Question 1

Stage 1

Answer 1

Duty of care
Originates from (donoghue v stevenson)

Original test (caparo v dickman)

New test (Robinson v cc west yorkshire)
Asks wether obvious or preestablished duty if not use analogy to get one
Police can be sued

(Smith and ors v mod) mod can be sued

(Kent v grifitths) ambulance workers owe duty

(Topp v London bus) no duty for unforeseeable thud party acts

Question 2

Stage 2 a

Answer 2

Breach of duty of care
Reasonable man

(Blyth v Birmingham waterworks)
“Negligance is the omission to do something wich a reasonable man would do or doing something the reasonable and prudent man would not do”
(Wells v cooper) judged by standards of reasonable such and such
.professionals (Bolam v barnet)(montgamary v lanarkshire) doctors have duty to disclose risks
.learners (Nettleship v weston) judged to standards of competant
.children and young people (mullins v richards) (orchard v lee)

Question 3

Stage 2 b

Answer 3

Breach of duty of care
Risk factors
.special characteristics (Paris v stepney) greater precautions needed
.size of risk (Bolton v stone)(haley v London electricity board)
.cost and practicality of precautions (latimer v AEC)
.were the risks known at the time (roe v minster of health)
.potential benefits of the risk (daborn v bath tramways)(watt v heartfordshire county council)
(Scout association v barnes) social benefit outweighs risk?

Question 4

Stage 3 a

Answer 4

Damage
Cuastion in fact
.But for test (Barnet v Chelsea and kensington)
.multiple of causes (fair child v glenhaven)
.intervening acts by claiment (mckew v holland)
.interning acts by nature (carsolgie steamship v royal Norwegian government)
.intervening acts by a third party (knightly v johns)

Question 5

Stage 3 b

Answer 5

Damages
Remoteness (causation in law)
.remoteness of damage (wagon mound) was the damage suffered by claimant reasonable foreseeable affirmed by (doughty v turner)
.type of injury to be foreseeable (Bradford v Robinson rentals) kind of damage must be reasonable foreseeable doesn’t matter if form it takes is not
(Hughes v lord advocate)
(Jolley v sutton)
.thin skull rule (Smith v leech brain) take your victim as you find them