NEGLIGENCE Flashcards
(30 cards)
what must the claimant prove in order to claim negligence
that d owed them a duty of care, d breached that duty and cs damage was caused by the breach and not too remote from it
duty of care
duty of care was first consider in WINTERBOTTOM V WRIGHT and HEAVEN V PENDER 1883
it was first defined in DONOGHUE V STEVENSON as : you should take care to avoid acts and omission which you can reasonably foresee are likely to injure your neighbour
NOVEL CASES
CAPARO v DICKINSON established a 3 part test
what is the 3 part test established by caparo v dickman
Foresight: kent v griffiths
proximity: bourhill v young, watson v british board of boxing control
fair, just and reasonable to impose that duty: Mitchell v Glasgow CC, Hill v Chief constable of west Yorkshire
only apply to novel cases
ESTABLISHED PRECEDENT
2018 case of Robinson v west yorkshire police confirmed there is no single definitive test for duty of care
what will the court do in the first instance
look to apply an existing precedent or statutory authority
James Bowen v Commissioner of Police
what are some cases that Lord Reed mentioned where the Caparo rule is not needed (4)
Hospital to patient: Darnley v croydon nhs trust
Motorist to other road user: Sumner v colborne
manufacturer to consumer
employer to employee
what is meant by breach in negligence
ds standard of care fell below the standard expected of reasonable man (Vaughan v Menlove) define by Baron Alderson in Blyth v Birmingham Waterworks —> OBJECTIVE TEST
what are the 3 situations where the defendants characteristics are taken in consideration
PROFESSIONAL
LEARNE/TRAINEE
CHILD
who would PROFESSIONAL be compared to and cases to support this
reasonable competent professional & there must be a reasonable body to support their actions —> Bolam v Friern
also applies to skilled defendants —> Wells v Cooper
what is the BOLAM test
amended in Bolitho v Hackney so that supporting professional must show a logical basis for views
what did Montgomery v Lanarkshire establish
healthcare professionals must make patients aware of all material risks so that patients can give informed consent
who would learners/trainees be compared to and case to support this
to a qualified person (nettleship v weston)
who would a child be compared to and cases to support this
compare to children of the same age (Orchard v Lee, Mullin v Richards)
What should risk factors do in negligence
raise or lower standard of care
what does the case of Bolton v Stone establish
if size of risk factor is high then the standard of care will be high
what does the case of Latimer v AEC establish
defendants are expected to take reasonable care to reduce risk that are proportion to the size of risk in terms of cost & practicality
what does the case of Paris v Stepney BC establish
special characteristics of claimant may raise standard of care
What does negligence say about social unity and the case
may lower standard of care as matter of public policy —> will particularly apply to emergency services
Watt v Herts CC
what sections and act supports the case of Webb v Herts CC
S.2&3 of the social action, responsibility & heroism act 2015
what are the two parts to damages that must be satisfied
Causation & Remoteness
Causation on negligence
factual causation—> Barnett v Chelsea
legal causation—> court consider whether d is the operating and substantial significant more than minimal
Novus actus intervenius—> breaks chain of causation by the claimant = McKrew v Holland
Nature = Carlogie v Royal Norwegian govt
3rd party = Knightly v Johns
Remoteness on negligence and the cases
1.D is reliable for type of damage that was reasonably foreseeable at time of breach
(The Wagon Mound (No1))
2.will be liable for full extent of damage, as long as general type of damage was reasonably foreseeable.
(Bradford v Robinson Rentals)
- D will he liable for damage due to a hidden weakness of the claimant, as long as general type of damage is reasonably
foreseeable Thin Skull Rule → d takes them as they find them (Smith v Leech Brain)
what are some defences for negligence
1) Law Reform (Contributory negligence) Act 1945
2.) Volenti non fit injuria(consent)
