Negligence Flashcards
(45 cards)
What are the three parts to negligence
There must be a duty of care
That duty must be breached
The breach must cause foreseeable injury or damage
What are the three lead cases for establishing a duty
Donoghue v stevenson, Caparo v Dickman, Robinson
Explain donoghue v stevenson
a snail was found in a bottle
Explain Caparo v Dickman
A company took over another as it looked like a profit. When looking into detailed books it was a loss.
Explain the Caparo test
was damage or harm reasonably foreseeable
is there a sufficiently close relationship between the claimant and the defendant
Is it fair, just and reasonable to impose a duty
What case explains damage or harm being reasonably foreseeable
Kent v Griffiths
Explain Kent v Griffiths
an ambulance had not arrived in time. It was reasonably foreseeable the claimant would suffer injury if the ambulance did not arrive
What case explains proximity of relationship
Bourhill v Young
Explain Bourhill v Young
A lady gave birth at the site of a crashed motorcyclist. She claimed against the motorcyclists family but the courts decided that the motorcyclist could not have anticipated the birth of a child
Mcloughlin v O’Brien
A womans family were in a car crash and she suffered mental illness at the site of them before treatment. The defendant was liable as the duty extends to anyone involved in the immediate aftermath
What case explains it is fair just and reasonable to impose a duty of care
Hill V chief constable of west Yorkshire
Explain Hill v west yorkshire
the police had not caught the yorkshire ripper when they had evidence to charge him. A womans daughter was killed and sued the police. The police had no idea when or who is next attack would be
How is a person judged on the breach of duty
On an objective standard of care and as a normal and reasonable person
What case explains the standard that professionals are judged at
Bolam
Explain Bolam
the claimant was not told of the risks and not given relaxant drugs when recieving electric shock therapy
Courts decided relaxant drugs are only used if they need to be, the didnt in bolam and no breach happened
Explain the bolam test
Does the defendants conduct fall below the standard of the ordinary competent member of that profession
Is there a substantial body of opinion within the profession that would support the course of action taken by the defendant
What case developed the bolam test
Montogomery v Lanarkshire health board
Explain Montogomery
A mother gave birth to her son with cerebal palsy
Courts decided that a doctor must explain the risks if it would cause harm or injury to the patients health
What case explains the judging of learners
Nettleship v Weston
Explain Nettleship v Weston
defendant injured claimant while learning to drive
How is a learner judged
At the standard of the competent, more experienced person
What standard are children and young people judged at
At the standard of a reasonable person of that age
What case shows the standard of care for children and young people
Mullin v Richards
Explain Mullin v Richards
two 15 year old girls were play fighting and one was injured. the defendant met the required standard and had not breached her duty of care
