Negligence Flashcards
(13 cards)
What does common law negligence do?
a legal principle giving rights to persons who have suffered harm to themselves or their property, against a party who has failed to exercise reasonable care.
What happened in Donoghue V Stevenson (1932)?
Donoghue (claimant) drank a bottle of ginger beer (bought by her friend). The bottle contained a dead snail. She claimed to suffer injuries.
Held: favor of D, introduced the neighbour principle
What is the neighbour principle?
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.”
What is a neighbour?
A “neighbour” in law is someone who is closely and directly affected by your actions.
In negligence claims, the claimant must prove three elements:
Duty of care
Breach
Causation
How is “Duty of Care” proved?
Duty of care being established via the neighbour principle
How is Breach determined?
REASONABLE MAN TEST
Did the defendant fail to meet the standard of care expected of a reasonable person in the circumstances?
How is “Causation” proved?
The “But For” test
Would the harm have occurred but for the defendant’s breach of duty?
The Claimant has to prove on the ___________ that the damage was caused by the defendant
The claimant must prove on the balance of probabilities, that the damage was caused by the defendant.
What happened in “Barnett v Chelsea & Kensington Hospital (1969)”?
Mr. Barnett, was feeling unwell. A nurse phoned the on-duty doctor, who did not examine the man and told them to go home and see their GP. Mr. Barnett died five hours later of arsenic poisoning.
Held: Favor of C&K hospital, “Would Mr. Barnett have survived but for the hospital’s negligence?” = No. He would have died anyway. Therefore the claim failed.
What is an active duty?
An active duty refers to activities carried out on the premises
What is a static duty?
Static duty refers to the duty of care that is owed regarding the state of the premises itself
Which duty does OLA apply to?
Static duty! State of the premises.
