Negligence

Question 1

Who is the claimant?

Answer 1

The claimant is the person who has suffered and is bringing the claim

Question 2

What is stage one of negligence?

Answer 2

Duty of Care

Question 3

When will the case of Robinson V CCWY be used?

Answer 3

If it is well established that a duty should exist

Question 4

What case gives the relationship between medical practitioners and patients?

Answer 4

Wilsher V Essex

Question 5

What case gives the relationship between vehicle user and other road users?

Answer 5

Nettleship V Weston

Question 6

What case gives the relationship between police and other HM services?

Answer 6

Robinson V CCWY

Question 7

What case gives gives the relationship between manufacturer and customers?

Answer 7

Donoghue V Stevenson

Question 8

When is the case of Caparo V Dickman used?

Answer 8

Only used is novel situations

Question 9

What are the three parts of the caparo test?

Answer 9

•Was the damage or harm reasonably foreseeable?
•We’re the d and c proximate?
• Is it FJR to impose a duty?

Question 10

What case asks was the harm reasonably foreseeable?

Answer 10

Kent V Griffiths

Question 11

What case asks were the defendant and claimant proximate?

Answer 11

Bourhill V Young

Question 12

What case asks is it FJR to impose a duty?

Answer 12

Hill V CC of WY

Question 13

What is stage two of negligence?

Answer 13

Breach of Duty

Question 14

What case tells us the standard of the reasonable person?

Answer 14

Blyth V BWW

Question 15

What case tells us the standard of the reasonable child of the same age?

Answer 15

Mullins V Richard

Question 16

What case tells us the standard of a competent body of fellow professionals?

Answer 16

Bolam V Friern HMC

Question 17

What does the case of Bolitho V CHA tell us?

Answer 17

It must be a logical decision

Question 18

What case tells us there are no allowances for inexperience?

Answer 18

Nettleship V Weston

Question 19

What are the five risk factors?

Answer 19

•size of risk
•appropriate precautions
•known risks
•special characteristics of the claimant
•social utility

Question 20

What case is used for size of risk?

Answer 20

Bolton V Stone

Question 21

What case is used for appropriate precautions?

Answer 21

Latimer v AEC

Question 22

What case is used for known risks?

Answer 22

Roe V MOH

Question 23

What case is used for special characteristics of the claimant?

Answer 23

Paris V Stepney

Question 24

What case is used for social utility?

Answer 24

Watt v HCC

Question 25

What does the case of Montgomery tell us?

Answer 25

The patient should be told all material risks, including whatever the patient wan to to know

Question 26

What is stage three of negligence?

Answer 26

Damage

Question 27

What case determines the ‘but for’ test?

Answer 27

Barnett V Chelsea

Question 28

What are the three unforeseeable and overwhelming acts?

Answer 28

• act of the claimant • act of a third party • act of a natural event

Question 29

What case is used for act of the claimant?

Answer 29

Mckew V Holland

Question 30

What case is used for act of a third party?

Answer 30

Knightly V Johns

Question 31

What case is used for a natural event?

Answer 31

Carslogie

Question 32

What does the case of The Wagon Mound tell us?

Answer 32

General type of damage must be reasonably foreseeable

Question 33

What does the case of Bradford V Robinson Rentals tell us?

Answer 33

It is irrelevant if it more serious, or happens in an unexpected way, as long as the general type of damage is reasonably foreseeable

Question 34

What does the ‘eggshell skull’ rule tell us?

Answer 34

If the damage is more serious because the claimant had a pre-existing conditions, the D is liable for the subsequent consequences

Question 35

What case is used for the ‘eggshell skull’ rule?

Answer 35

Smith V Leech Brain and Co