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Law- Tort > Negligence > Flashcards

Negligence Flashcards

1
Q

what is the definition of negligence?

A

The omission to do something that a reasonable man would do or something which a prudent and reasonable man would not do

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2
Q

what case first defined Negligence?

A

Blyth v Birmingham waterworks

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3
Q

who defined duty of cares neighbour principle?

A

Lord Atkinson

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4
Q

what is the neighbour principle

A

Duty to take reasonable care to avoid acts or omissions that may harm your neighbour

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5
Q

What is considered a neighbour?

A

Someone who is closely affected by your actions

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6
Q

What rule can you use to establish duty of care?

A

Robinson

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7
Q

when do you use the Robinson rule?

A

In established situations

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8
Q

What is an established case?

A

Donaghue v Stevenson

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9
Q

What is a case for road user against a paedestrian?

A

Kent V Griffins

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10
Q

what rule is used for novel situations?

A

Caparo v Dickman

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11
Q

What are the three requirements to satisfy Caparo v Dickman?

A
  1. Were the consequences reasonably foreseeable (DvS)
  2. Was there sufficient proximity in time, space or relationship? (Bournhill v Young)
  3. Is it fair, just and reasonable to impose liability? (MPC v Reeves)
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12
Q

What test do we use to prove breach of duty?

A

The reasonable man test

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13
Q

what case was the reasonable man test set out in?

A

BLYTH v BIRMINGHAM WATERWORKS

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14
Q

What is the reasonable man test?

A

Those who fall below the standards of a reasonable person, doing the same task, will have breached their duty.

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15
Q

What is the objective test for breach of duty?

A

The man on the Clapham omnibus

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16
Q

When deciding breach what six things will the court look at?

A
  1. Foreseeability of harm (Roe v minister of health)
  2. Magnitude/size of risk (Bolton v Stone)
  3. Special characteristics of C (Paris v Stepney)
  4. Precautions taken (Latimer)
  5. Experience/learners (Nettleship)
  6. Benefit of taking the risk
    (Watt)
17
Q

What do we prove harm/damages through?

A

Causation

18
Q

what is the test for causation? (harm/damages)

A

the ‘but for’ test

19
Q

what is the case for the but for test?

A

Barnett

20
Q

What is another possible rule you may have to use?

A

Thin skull rule

21
Q

What is a case for the thin skull rule?

A

Smith V Leech brain

22
Q

What do you have to prove for remoteness?

A

that the damage was too remote

23
Q

what is a case for remoteness?

A

Wagon mound

24
Q

In compensation what are the two types of damages?

A
  1. Special
  2. General
25
Q

what are special damages?

A

damages that are calculated up to the date of trial or settlement (repairing a vehicle)

26
Q

What are general damages?

A

Damages for the effct of injury (pain and suffering)

27
Q

what is a claimant under a duty to do? (compensation)

A

mitigation of loss

Law- Tort (10 decks)

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