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Ocr law > Negligence > Flashcards

Negligence Flashcards

(52 cards)

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1
Q

(negligence) 1. D owed C a duty of care

A

Pre existing (robinson)

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2
Q

(negligence) Driver/road user

A

Nettleship

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3
Q

(Negligence) doctor/patient

A

Whitehouse V jordon

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4
Q

(negligence) Sportsman/sportsman

A

condon v basi

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5
Q

(negligence) Employer/employee

A

Walker v northumberland cc

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6
Q

(negligence) Police/public

A

Robinson v chief constable of west yorkshire police

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7
Q

(negligence) lawyer/patient

A

hall v simmons

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8
Q

(negligence) public body/public

A

clunis v camden and islington

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9
Q

(negligence) judiciary/public

A

sirrors v moore

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10
Q

(negligence) fire brigade/public

A

capital & counties v hampshire cc

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11
Q

What is the first part of the Caparo test in Caparo v Dickman?

A

Harm/injury was reasonably foreseeable

This means a reasonable man would have foreseen harm, as established in Kent v Griffiths.

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12
Q

What does the second part of the Caparo test assess?

A

Proximity between C and D: time, space or relationship

This was highlighted in the case of Bourhill v Young.

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13
Q

What is evaluated in the third part of the Caparo test?

A

Fair, just and reasonable to impose a duty

This is demonstrated in Mulcahy v MOD, considering public policy reasons.

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14
Q

What is the main question to conclude after applying the Caparo test?

A

Is there a duty?

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15
Q

(2) test- What must be proven regarding breach of duty in tort law?

A

D owed C a duty of care and D breached that duty.

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16
Q

What is the reasonable man test in tort law?

A

An ordinary and competent person acts the same as D/did not do

This principle is derived from Blyth v Birmingham Waterworks.

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17
Q

What type of reasonable person is considered in Wells v Cooper?

A

Ordinary person.

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18
Q

According to Mullins v Richards, what standard is applied for a reasonable child?

A

Reasonable child.

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19
Q

What standard applies to professionals as established in Bolam v Friern Hospital?

A

Reasonable professional.

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20
Q

What principle is established in Nettleship v Weston regarding inexperience?

A

No allowances made for inexperience.

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21
Q

What risk factor considers the likelihood of harm?

Study These Flashcards
A

Likelihood of Harm/size of risk

This is illustrated in Bolton v Stone.

22
Q

Which case highlights the characteristics of C as a risk factor?

Study These Flashcards
A

Paris v Stepney.

23
Q

What does Latimer v AEC evaluate in terms of risk factors?

Study These Flashcards
A

Cost of practical precautions.

24
Q

What does Watts v Herts CC assess regarding risk factors?

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A

Social utility/benefit.

25
What is the concluding question after assessing breach of duty?
Is there a breach?
26
What is the definition of factual causation in tort law?
'but for' test ## Footnote Established in Barnett v Chelsea Hospital
27
What is novus actus interveniens?
An intervening act that breaks the chain of causation ## Footnote Examples include acts of the claimant, acts of nature, or acts of third parties
28
What is the significance of the case McKew v Holland?
Illustrates the act of the claimant as a potential novus actus interveniens
29
What does the case Carslogie Steamship v RNG illustrate?
An act of nature as a potential novus actus interveniens
30
What does Knightly v Johns illustrate in terms of novus actus interveniens?
An act of a third party as a potential novus actus interveniens
31
What is the definition of legal causation in tort law?
Damage is reasonably foreseeable and not too remote ## Footnote Addressed in The Wagon Mound No 1
32
What is the principle of remoteness of damage?
Damage must be a foreseeable consequence of the defendant's actions
33
In which case was it established that type of damage can lead to liability even if not foreseeable?
Bradford v Robinson Rentals
34
What does Hughes v Lord Advocate illustrate regarding causation?
Sequence of events can lead to liability even if harm was not foreseeable
35
What is the egg-shell skull rule?
Defendant is liable for the full extent of the injury caused, even if the claimant had a pre-existing vulnerability ## Footnote Established in Smith v Leech Brain
36
What is the complete defense of consent in tort law?
Volenti: claimant knows the risk and consents to it ## Footnote Illustrated in Morris v Murray
37
When is consent not considered freely given?
When the claimant has little choice or feels a moral obligation ## Footnote Illustrated in Smith v Baker and Haynes v Harwood
38
What is contributory negligence?
Partial defense where the claimant's own behavior has contributed to their loss ## Footnote Governed by The Law Reform (Contributory Negligence Act) 1945
39
What must be established for contributory negligence to apply?
Claimant's behavior fell below the standard expected of a reasonable person
40
What is illustrated by Brannon v Airtours regarding contributory negligence?
Claimant contributed to the accident
41
What does Froom v Butcher illustrate about contributory negligence?
Claimant made their injuries worse
42
What are special damages in tort law?
Damages that can be precisely calculated ## Footnote Example: financial loss or property damage from the accident until trial
43
What are general damages in tort law?
Damages that cannot be precisely calculated ## Footnote Includes pain & suffering, loss of amenity, bereavement
44
What is pecuniary loss?
Future loss of earnings and medical expenses
45
What is non-pecuniary loss?
Pain & suffering, loss of amenity, bereavement
46
What guidelines are used for calculating damages?
JSB guidelines and the tariff system set out in Kemn & Kemp
47
Decide which damages are available to C - APPLICATION to scenario
48
C is under duty to mitigate losses (Motorways Ltd v Alwahbi)
49
Conclude: C will/ will not receive damages?
50
The damages will be paid to the C in either a lump sum or a structured
51
settlement
The Damages Act 1996.
52
The C does/ does not have claim? APPLICATION to scenario

Ocr law (2 decks)

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