Negligence

Question 1

What test is used for duty in novel situations?

Answer 1

The Caparo test, which requires the defendant to reasonably anticipate the risk of harm.

Key elements include foresight (Kent v Griffith), proximity in time/space/relationship, and whether it is fair, just, and reasonable to impose a duty (Hili v CCWY).

Question 2

What case established the use of existing precedent for duty?

Answer 2

Robinson v CC of West Yorkshire, which applies the Road Traffic Act.

Question 3

What constitutes a breach of duty?

Answer 3

A breach occurs when the standard of care falls below that of a reasonable man (Blythe v Birmingham Waterworks).

Examples include a reasonable competent doctor (Bollam) and a reasonable child (Orchard v Lee).

Question 4

What are the 5 risk factors that impact the standard of care?

Answer 4

1. Special characteristics (Paris v Stepney)
2. Likelihood of risk (Bolton v Stone)
3. Appropriate precautions (Latimer)
4. Risks known at the time (Roe v Minister of Health)
5. Public benefit (Watt v Hertfordshire)

Question 5

What is factual causation?

Answer 5

Factual causation is established by the ‘but for’ test (Barnett v Chelsea and Kensington Hospital).

Question 6

What is legal causation?

Answer 6

Legal causation involves remoteness/foreseeability (Wagon Mound) and does not require the exact injury to be foreseeable (Bradford v Robinson).

It also includes the ‘thin skull’ rule (Smith v Leech Brain).