negligence Flashcards
(28 cards)
what is negligence defined as
when D owes C a duty of care, breaches the duty of care, and causes damage that is not too remote
what case created negligence
Donoghue v Stevenson
what case is used for owing a D of C by precedent or close analogy
Robinson
what case is used for novel scenarios
caparo
what is the three stages of the caparo test
there is proximity in time and space between D and C, damage is reasonably foreseeable, and it is fair, just and reasonable to impose a D of C
what case is used as the example of passing the caparo test
Jolley V sutton
what case defined breach
Blyth v Birmingham waterworks
what is the definition of breach
D falls below the expected standard of care of the reasonable man
what is the test for breach called and how is it applied
reasonable man test, did D act as a reasonable man would
what case is used to show that professionals have a higher standard of care than the average reasonable man
bolam
what case is used to show learners do not have a lower standard of care
nettleship v weston
what case is used to show age can affect standard of care
mullin v richards
what case is used to show being an amatur can lower standard of care
wells v cooper
what are the four risk factors
size of risk, seriousness of risk, practicality of precautions, benefit of taking the risk
what case is used for practicality of precautions
latimer v AEC
what case is used for seriousness of risk
Paris V SBC
what case is used for size of risk
miller v jackson
what case is used for benefit of taking risk
watt v HCC
what case is used for factual causation
barnett v chelsea HMC
what case is used for intervening acts
reeves v MPC
what case is used for reasonably foreseeable and not too remote
the wagon mound
what case is used for extent of damage
smith v leech brain
what case is used for cause of damage
hughes v lord advocate
what case is used for type of damage
bradford
