Negligence Flashcards
(24 cards)
How many elements are there to establish duty of care? And what are they?
Duty of Care
Breach of Duty of care
Resulting in Damage
Where does negligence originate from
Donoghue v Stevenson
What is the current approach to duty of care?
Firstly you look at if there is an existing precedent. In the case of a novel case than you would build the law incrementally by analogy with an existing law.
Robinson v Chief Constable
What do we need to establish after duty?
The reasonable man test
What is the reasonable man test?
Blyth v Birmingham waterworks
This is to determine what a reasonable man would have done in the circumstance.
What are the three types of reasonable man
Professinals
Learners
Children
Professionals
Owe a higher standarde of care
Bolam v Barnett
Learners
Are held to the same standard of a Professional
Nettelship v Weston
Children and Young people
Children are owed a higher level as they are vulnerable and allured to danger
Mullin v Richards
Orchard v Lee
A child is held to the reasonable child for that age.
Explain Risk Factors
There are five types of risk factors
Special characteristics for the claimant
The claimant is owed a higher standard if they have a special characteristic that makes them more vulnerable.
Paris v Stepney
Size of the risk
If the risk is small less precautions need to be taken
- Bolton v Stone
If the risk is big more precautions have to be taken
- Haley v London electric bord
Cost and Practicality of the risk
As long as the precautions are proportional then the defendant is not liable
Latmire v AEC Ltd
Were the risks known at the time
If the harm was not known at the time than there is no breach
Roe v Minister of health = Not known about = no breach
Potential benefits of the risk
Court must weigh up any potential benefits of the risk that may benfit society.
Daborn v Bathtramways
Emergencys alow allow greater risks Watt v Hertfordshire county council
What is causation in fact
Causation is the idea that the defendent must have caused loss for the climent we establish this in the but for test firstly
What is the but for test
The but for test states that the defendant can only be responsible for their damage and no damage done before or after theirs
Barnett v Chelsea and Kensington Hospital Management
What is multiple causes
In certain cases there can be more than one suffering or loss
Fairchild v Glenhaven Funeral Service
By claiment
Mckew v Holland
what are Intervening acts
This that may intervene with the damage,
By nature
Carslogei steamship v Royal Norwegian government
By a third party
Knightley v Johnes
What is Causation in law
