negligence Flashcards
(10 cards)
what is negligence
negligence is doing something the reasonable person would not do or failing to do something the reasonable person would do defined by baron alderson in blythe v birmingham watwerworks
what is duty of care
duty of care is a legal relationship between the defendant and the claimant
what is the robinson approach
the case of robinson outlines where there is a pre established or analogous precedent the court will apply this to the case before them
what is breach of duty
for a successful claim in negligence, the claimant must show that the claimant has breached their duty of care.
what is an ordinary person
the man or woman under the london underground
what is the bolam test
the bolam test checks whether a resonable and competent body of proffesional opinion have acted the same way (bolam v friern hospital)
what is the montgomery test
the montgomery test states that doctors must inform their patient of any risk associated with their procedure (montgomery v lanarkshire)
what standard are learners held to
learners or amateurs are held to the same standard of an experienced person [nettleship v western]
what standard are children held to
children are held to the standard of a reasonable child of their age [mullins v richards]
what are risk factors
once a breach has been established the court will consider two questions. should the standard of care be raised or lowered? would the reasonable person have taken more or fewer risks in the same situation
