negligence Flashcards
(29 cards)
what are the 3 areas to negligence ?
- duty of care
- breach of duty
- caused damage
explain existing duty
if there is an existing precedent or act of parliment that establishes a duty then this should be applied
what does reason by analogy mean ?
applying a simular duty
eg: law on electric scooters cpuld be applied to electric bikes
robinson
old woman nicked over during police chase
told us that we should apply existing duty’s if applicable
what are the 3 elements to the caparo test ?
- reasonably, forseeable, harm
- proximate - space + time, relationship
- fair, just, and reasonable
Bourhill
pregnant woman head crash and went to investigate
shock sent her into early labour and baby died
not negligent as she wasn’t proximate
explain reasonable man
- would the reasonable man see a breach of duty ?
- the RM has the same skill as you
Blythe
mans pipes weren’t insulated and cracked in winter - flooding his house
weren’t negligent as pipes weren’t insulated in 1856
what are the 3 charachteristics ?
- professional
- learner
- child
explain professional
- judged against another professional to see if you have fallen below expectations
- EG: doctors, surgeons, archetecs, solicitors
explain leaner
- judged against a qualified person of the same skill
- includes newley qualified
Nettleship
learner driver crashed into lamppost
negligent as a qualified driver wouldn’t have crashed into the post
explain child
judged against a child of the same age
what are the 4 risk factors ?
- sizer of risk
- precautions/cost
- social use/public benefit
- vulnerable victim
explain size of risk
- large risk - higher standard of cared owed
- low risk - a lesser standard of care owed
explain precautions/cost
if D could take precautions they should have done
explain social use/public beneift
if it’s for the benefit of society it may be less of a breach, but it must outweigh the risk
explain vulnerable victim
if V is vulnerable then a higher standard iof care is owed
Paris
blind in 1 eye and asked boss for goggles but was denied
other eye got injured
was a vulnerable victim so there was a greater duty of care owed
explain factual causation
but for D’s actions would the damage or harm have occured ?
barnett
2 security guards ingested arsenic- experienced a long wait time in hospital and died
not negligent as they died once they had injested the poison
explain legal causation
the injury or damage must be forseeable and not remote
what effect do intervening acts have on the chain of causation ?
can break the chain of causation
Wagon mound
- oil leaked from a ship onto water - could claim as was foreseeable
- construction site let of sparks which caught onto the oil causing a fire - couldn’t claim as was remote
