Negligence

Question 1

What is negligence?

Answer 1

A legal wrong suffered due to someone failing to take proper care to avoid a reasonable foreseeable risk

Question 2

How can a duty of care be established?

Answer 2

Either contractually (manufacturer to consumer) or the neighbour principle (caparo)

Question 3

Who do you owe a duty of care to?

Answer 3

your neighbour

Question 4

What is the landmark case?

Answer 4

donoghue v stevenson

Question 5

donoghue v stevenson facts

Answer 5

snail in bottle and caught gastroenteritis

Question 6

what test did donoghue v stevenson produce? (4 parts)

Answer 6

1. D owed a duty
2. D breached the duty
3. Breach caused damage
4. Damage was not too remote

Question 7

What test came after donoghue v stevenson

Answer 7

caparo

Question 8

What is the caparo test?

Answer 8

1. harm must have been a reasonable foreseeable result of D’s actions
2. There must be a proximate relationship
3. Must be fair, just and reasonable to impose a duty

Question 9

Where does the reasonable person test apply?

Answer 9

Breach of duty

Question 10

A case for breach of duty?

Answer 10

Vaughan v Menlove

Question 11

Vaughan v Menlove facts

Answer 11

Haystack caught fire cos no ventillation. he had been warned this would happen

Question 12

What does Vaughan v Menlove show?

Answer 12

the reasonable person test is to be used, best judgement isn’t enough

Question 13

Where will the standard of care be considered to change?

Answer 13

If D is a professional, their actions have a high risk rate, C is frail or disabled or there was a social benefit to D’s actions

Question 14

How do you prove causation?

Answer 14

But for test

Question 15

Case for bur for test?

Answer 15

Barnett v chelsea and kensington hospitals

Question 16

Barnett v chelsea and kensington hospitals facts

Answer 16

D complained of vomiting and stomach pains. Dr said go home. D died of arsenic poisoning. He would still have died had the doctor seen him properly

Question 16

Barnett v chelsea and kensington hospitals facts

Answer 16

D complained of vomiting and stomach pains. Dr said go home. D died of arsenic poisoning. He would still have died had the doctor seen him properly

Question 17

What does the loss or damage need to be in order for C to get a claim in negligence?

Answer 17

a direct consequence of the breach of duty

Question 18

Where would the loss or damage not be seen as a result of the breach?

Answer 18

. If the chain of events leading up is too long
. If it is unreasonable for D to foresee their actions would cause the loss or damage

Question 19

Case for too remote damage?

Answer 19

wagon mound

Question 20

Wagon mound facts?

Answer 20

Boat leaked oil in sydney harbour. cotton flew into water and sparks from nearby set the oil alight. This was not reasonably foreseeable

Question 21

What are the three defences?

Answer 21

.Illegality
.Consent
.Contributory negligence

Question 22

What is the defence of illegality in latin?

Answer 22

ex turpi causa non oritur actio

Question 23

What is the defence of illegality?

Answer 23

If C has done something illegal in the course of the negligence and it was linked to the damage they suffered the courts will not favour it

Question 24

Why does illegality not always work?

Answer 24

Just because C has done something illegal doesn't mean it has contributed to the negligence

Question 25

Cases for illegality

Answer 25

Holman v Johnson National coal board v england

Question 26

Consent in latin?

Answer 26

Volenti non fit unjuria

Question 27

Where can someone have consented to negligence?

Answer 27

.a consent form before medical procedure etc .rough sport resulting in injury

Question 28

What does woolridge v sumner apply to?

Answer 28

consent

Question 29

what does woolridge v sumner tell us?

Answer 29

D must have full knowledge of the relevant risks to consent to the breach of duty

Question 30

Is the test for consent objective or subjective?

Answer 30

subjective

Question 31

Which case shows the test is subjective for consent?

Answer 31

Smith v austin lifts

Question 32

Where must consent be applied with extreme caution?

Answer 32

employment cases

Question 33

What is the case for consent as a defence to employment?

Answer 33

nettleship v wesotn

Question 34

What is the rule with road users and consent?

Answer 34

Even if C accepts the risks of negligence it doesn't negate the liability of the driver

Question 35

What is the consensus of rescues in regards to consent?

Answer 35

If someone chooses to rescue someone harmed by D and is also harmed in the process, D will still usually b reliable as it doesn't frequently break causal chain

Question 36

What is said about rescues frequently?

Answer 36

The rescuer may see it as a moral obligation to help

Question 37

What is contributory negligence?

Answer 37

Where C was aware of the risks and did not take appropriate precautions alike to D

Question 38

What is an example of contributory negligence?

Answer 38

If C is in a car where somebody is joyriding but isn't wearing a seatbelt

Question 39

How is contributory negligence established?

Answer 39

By using factual and legal causation (but for test)

Question 40

What case shows contributory negligence?

Answer 40

froom v butcher

Question 41

What was said in froom v butcher

Answer 41

C's damages are reduced by 25% if the harm is serious and 15% if less serious