Negligence

Question 1

which case defined negligence?

Answer 1

Blyth V Birmingham Waterworks

Question 2

who defined negligence?

Answer 2

Baron Alderson

Question 3

what is negligence described as?

Answer 3

‘failing to do something which the reasonable person would do or doing something the reasonable person would not do’

Question 4

What are the 4 key areas for a negligence claim?

Answer 4

1) does D owe C a DOC?
2) Did D Breach his DOC?
3) Did the breach cause the damage?
4) Remedies

Question 5

which case stated you owe a duty to your “neighbour” (anyone affected by your actions)

Answer 5

Donoghue V Stevenson

Question 6

which case stated that if there is an existing DOC (from previous precedent) that has previously been established, court should follow it.

Answer 6

Robinson V CCWY

Question 7

if duty is obvious stage 1 is complete. case for doctors and drivers/ passengers

Answer 7

doctors - Bolam
driver - Nettleship V Weston

Question 8

what must it be to impose a duty of care and which piece of legislation can you reference as a source of possible statutory duty of care.

Answer 8

fair, just and reasonable. Road Traffic Legislation

Question 9

Stage 2. What type of test is it and to what standard is someone judged to. (include case)

Answer 9

Objective. Reasonable Person. Vaughen V Menlove