negligence

Question 1

IDEA method for negligence scenario

Answer 1

I- identify possible claims that could be made

D- Definition of relevant tort

E- explain relevant rules

A- apply it to facts

INCLUDE AT LEAST 4 RELEVANT CASES

Question 2

what is negligence

Answer 2

the failure to do something which the reasonable person would do

Question 3

what elements are needed for negligence

Answer 3

DUTY OF CARE

BREACH OF DUTY

CAUSATION

Question 4

Donoghue V stevenson

Answer 4

Snail in bottle of ginger beer dead and decomposing customer was neighbour and forseeable harm could of been caused

Question 5

three part Caparo test

Answer 5

was damage foreseeable
proximity
fair just and reasonable

Question 6

Damage reasonably foreseeable

Answer 6

Kent v Griffiths- athsma attack and ambulance didn’t arrive in time- forseeabke

Question 7

proximity of relationship

Answer 7

bourhill v young- pregnant woman heard crash saw dead person had a still born baby wasn’t within close proximity

Question 8

is it fair just and reasonable

Answer 8

Hill v Chief constable of west yorkshire- isn’t fair just and reasonable to put a duty on someone with no previous dealings

Question 9

professionals in negligence

Answer 9

bolam test
does D fall below standard of ordinary member of profession
would a body of opinion agree with action taken

Question 10

Learners held at same risk as professionals

Answer 10

Nettleship v weston
learned driver struck land post liable

Question 11

children lower lower standard of care

Answer 11

Mullin v richard’s ruler snapped in eye while sword fight

Question 12

Risk factors- special characteristics

Answer 12

Paris v Stepney Borough council
had one due not provided goggles made other blind

Question 13

risk factor- size of risk

Answer 13

Bolton v stone- hit with a cricket ball 100m away not breached duty

Question 14

risk factor- cost of precautions

Answer 14

Latimer factory slippy slipped over, wasn’t liBle

Question 15

risk factors- foreseeability of the risk

Answer 15

roe v minister of health, anaesthetic from C to glass became paralysed, did not breach durt

Question 16

public benefit of taking risk- risk factor

Answer 16

watt v hertfordshire stuck under fire truck broke leg, no breach

Question 17

factual causation

Answer 17

“but for” test Barnett 3 night watchmen drank tea with arsenic in it, doctors told them to go home and see own doctor, died, was not liable

Question 18

Remoteness of damage

Answer 18

Wagon mound, wagon leaked oil and set fire to cotton not liable fire damage wasn’t reasonably foreseeable

Question 19

eggshell skull rule

Answer 19

Smith v Leech brain and co, burnt on lip cancerous condition and died

Question 20

Defences to negligence

Answer 20

Contributory- claim can be reduced as partial defence
consent- full defence: knew precise risk, exercised free choice and accepted risk

Question 21

Sayers V harlow

Answer 21

while waiting for bus went to toilet tried to escape locked door stood on toilet roll holder suffered injuries- contributory negligence

Question 22

Remedies for negligence

Answer 22

Pecuniary loss(special damages) clothes and money,

Non pecuniary loss(general damages) physical