Negligence Flashcards
(12 cards)
What is required for a duty of care?
A: D must owe a duty of care to the claimant.
What principle was established in Donoghue v Stevenson?
The neighbour principle- closely and directly affected by your actions.
What approach was set in Robinson for identifying a duty of care?
A: Courts should look to existing statutes and precedents and identify existing duties
Caparo test (3)
Fair to impose liability on D.
Sufficiently close relationship between D and C.
Must be fair, just, and reasonable to impose a duty.
: When does a breach of duty occur?
When D fails to meet the standards of a reasonable person (Blyth v Birmingham Waterworks).
How are professionals judged in negligence cases?
Against the standards of their professional peers (Bolam test).
How does risk affect the required standard of care?
A: The higher the risk, the greater the care needed.
What is factual causation in negligence?
The “but for” test — would the harm have happened but for D’s breach? (Barnett)
What is legal causation (remoteness)?
Damage must not be too remote; the injury must be a reasonable consequence (The Wagon Mound).
What types of damage are recognized?
Physical injury or property damage.
What is contributory negligence?
When the claimant is partly responsible for the injury, damages may be reduced.
What is volenti non fit injuria?
If the claimant voluntarily accepts a risk, they may be barred from recovery.
