negligence Flashcards
(35 cards)
what case set the precedent for negligence?
Donoghue v Stevenson
what are the 3 parts to negligence?
-D owed C a duty of care
-D breached that duty of care
-D’s breach caused damage to C which was not too remote
what does Robinson say about duty of care?
that if a duty has been proven in a similar care before, then the court should use the decision from that. If no, then court should use the Caparo test to decide if a duty should be owed
what is the Caparo test?
-damage to c must be reasonably foreseeable
-there must be proximity between c and d
-it must be fair just and reasonable to impose this duty on d
what case shows what reasonably foreseeable is?
Jolley v Sutton
what case shows when there is not proximity between c and d?
Bourhill v Young
what case defines what a breach is?
Blyth v Birmingham Waterworks Co
what does Blyth define breach as?
doing something which a reasonable man would not do or vice versa
what is the case for inexperience not affecting standard of care?
Nettleship v Weston
what case talks about professionalism altering standard of care?
Bolam v Friern Barnet HMC
what does bolam v friern barnet hmc say?
that d will be compared to another reasonable professional in the same field of work and that the standard of care expected will be hired
what is the case for a reasonable man doing the task (like DIY)?
Wells v Cooper
what is the case for age affecting the standard of care?
Mullin v Richards
what are the 4 types of risk factors?
-size of risk
-seriousness of potential harm
-practicability of precautions
-benefits of taking risk
what is the case for size of risk?
Bolton v Stone (or miller v jackson)
what is the case for seriousness of potential harm?
Paris v SBC
what is the case for practicability of precautions?
Paris v SBC (or latimer v aec)
what is the case for potential benefits of taking risk?
Watt v HCC
what are the 2 parts to damage?
-did the d’s breach cause the damage to c
-the damage caused was not too remote
what is the case for factual causation?
Barnett v CKHMC
what is the case for victims own actions?
Reeves v MPC
what is the case for acts of a 3rd party?
Wilkin-Shaw v Fuller
what is the case that shows that the type of damage must be reasonably forseeable?
The Wagon Mound
although type of harm must be foreseeable, what 3 things can be unforeseeable?
-how the harm is caused
-the extent of the harm
-does not matter if it is more serious due to a hidden weakness
