Negligence Flashcards
(21 cards)
Definition: Blythe V Birmingham Waterworks
Failing to do something which the reasonable person would do or doing something which the reasonable person would not do.
Stages of negligence
- Duty of care
- Breach of duty
- Risk factors
- Damage
- Defences
- Remedies
When does a duty of care occur?
When a D and a C share a special relationship that imposes legal obligation on them to act carefully.
Doc - Robinson V Chief Constable of West Yorkshire
No definitive test to establish doc - either judicial precedent or reason by analogy
Doc - Caparo V Dickman
Novel situation - 3 part Caparo test
1. Was damage reasonably foreseeable?
2. Was there relationship of sufficient proximity?
3. Is it fair, just and reasonable to impose a duty?
Doc - Nettleship V Weston
Learner driver expected to meet same standard as reasonable qualified competent driver.
Doc - Condon V Basi
Sportsman owes doc to another sportsman playing in same match.
Doc - Whitehouse V Jordan
Doctor owes doc to patient.
Doc - Walker V Northumberland CC
Employee owes doc to their employees
Two elements of breach
- Reasonable man test
- Risk factors involved
Breach - What is a reasonable man? Cases?
Objective test. It is the ordinary person 0performing the task competently. (Wells v Cooper, Blyth v Birmingham Waterworks)
Breach - Cases for reasonable man
Learner - Nettleship v Weston
Professional - Bolam v Friern Hospital
Professional opinion - Bolithio v City
Child - Mullins v Richards
Breach - What are the 4 risk factors?
- Special characteristics of C/seriousness of risk
- Size of risks
- Adequate precautions
- Public policy considerations
Damage - what must C prove? anything else to be considered?
Both factual and legal causation, consider interviewing acts and eggshell skull rule
Damage - Factual causation
But for test - but for the d’s act or omission, the injury or damage would not have occurred.
Damage - Legal causation
Remoteness test - D only liable for damage that is reasonably foreseeable. If not, it is referred to as being “too remote”.
Damage - Intervening acts
Nature, Claimant, 3rd party
Damage - Eggshell skull rule
Take their victim as they find them
What are two main defences to negligence?
Contributory negligence
Consent: Volenti non fit injuria
Defences: what is contributory negligence?
Partial defence where the award of compensation will be reduced by the % the C is held to have contributed to their loss/damage.
Defences: what is volenti non fit injuria?
He who consents cannot be regarded as having been done an injury. Full defence.
