Negligence

Question 1

What is the test for Duty of Care?

Answer 1

General: Is this a case of the type that the law of negligence is applicable?

Specific: Was it foreseeable that this claimant would be harmed by the defendant’s act?

Question 2

What was the test used in Caparo v Dickman

Answer 2

1. Was it foreseeable that the defendant’s actions would cause harm to the claimant?
2. Was there are relationship of proximity between the parties?
3. Is it fair, just and reasonable to impose a Duty of Care?

Question 3

Are omissions considered a breach of duty of care?

Answer 3

Not generally, but some exceptions

Question 4

What are the exceptions to the rule regarding omissions?

Answer 4

1. Where the relationship between parties gives rise to an assumption of responsibility
2. Where there is specific or inferred undertaking of responsibility for C by D
3. Where there is a relationship of control between D and a third party
4. D creates or permits a source of danger

Question 5

Kent v Griffith (2000)

Answer 5

GP called ambulance for pregnant woman suffering from asthma. Woman lost her baby, call created a DoC and omission to send ambulance gave rise to liability.

Question 6

Home Office v Dorset Yacht (1970)

Answer 6

Inmates of prison taken to harbour where they vandalised yachts. Home office responsible as controlled defendant.

Question 7

Rabone v Pennine Care NHS Trust (2012)

Answer 7

Voluntary patient in mental health unit threatened to kill herself. Doctors let her out for weekend. Killed herself. Doctors liable.

Question 8

Michael v Chief Constable of South Wales Police (2015)

Answer 8

Duties from the police are owed to the public at large (not individual actions)

Question 9

Robinson v Chief Constable of West Yorkshire Police (2018)

Answer 9

76yo woman knocked by policemen fighting suspects. Police owed DoC and breached it, Caparo test criticised.

Question 10

How is Breach of DoC tested?

Answer 10

Question of Law: what was the standard of care?
Question of fact: did D fall below that standard? Would a reasonable person have behaved in this way?

Question 11

What are the ingredients for negligence?

Answer 11

1. Duty of Care
2. Breach of that Duty
3. Causation
4. Damages (actual harm or loss)

Question 12

Glasgow Corporation v Muir (1943) Lord Macmillan:

Answer 12

The reasonable man is presumed to be free both from over-apprehension and from over confidence

Question 13

Bolton v Stone (1951)

Answer 13

Cricket ball test. Foreseeability

Question 14

What is Res ipsa loquitur?

Answer 14

The evidence speaks for itself.

Question 15

What are the requirements for psychiatric damage?

Answer 15

Diagnosed psychiatric condition, sudden event or its immediate aftermath.

Question 16

Alcock v Chief constable of South Yorkshire Police (1992)

Answer 16

Established Alcock test in relation to secondary victims (NOT PRIMARY)

Question 17

What is the Alcock Test?

Answer 17

1. Sufficiently close relationship of love and affection with primary victim
2. Proximity to accident or immediate aftermath
3. Nervous shock through what was seen or heard

Question 18

What is Contributory Negligence?

Answer 18

Law Reform (Contributory Negligence) Act 1945 when damage is suffered partly of the person’s own fault and partially by the fault of another person

Question 19

Froom v Butcher (1976)

Answer 19

Defendant not wearing seatbelt so contributory negligent.

Question 20

Volenti Non-Fit Injuria

Answer 20

Claimant voluntarily assumed risk by partaking in activity

Question 21

Ex Turpi Causa Non Oritur Actio

Answer 21

Volenti does not apply to really serious bodily harm

Question 22

Rae v Mars (1990)

Answer 22

If there is extreme danger a warning is not enoug, a barrier must also be placed.

Question 23

English Heritage v Taylor (2016)

Answer 23

Claimant and wife fell down unmarked sheer drop, not obvious so liale