Negligence Flashcards
(16 cards)
What is negligence?
Negligence is a BREACH of a legal DUTY TO TAKE CARE which results in DAMAGE to the Plaintiff.
What constitutes negligence according to Alderson, J in Blyth v Birmingham Water Works Co.?
The OMISSION to do something which a REASONABLE MAN would do, or doing something which a PRUDENT and REASONABLE MAN would not do.
What are the elements required to succeed in an action for negligence?
- The defendant was under a duty of care to the plaintiff
- There has been a breach of that duty
- The plaintiff has suffered damage caused by the defendant.
What is meant by ‘duty of care’?
The responsibility that a person must exercise in order not to cause harm to another.
What is the significance of the case DONOGHUE V. STEVENSON?
It summarizes the law of tort and defines the concept of ‘duty of care’.
What were the facts of the case DONOGHUE V. STEVENSON?
A Plaintiff drank ginger beer from an opaque bottle containing a decomposed snail and became ill.
What principle did Lord Atkin establish in DONOGHUE V. STEVENSON?
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would likely injure your neighbor.
Who owes a duty of care according to the examples provided?
- Persons using the highway
- Carriers of passengers and cargo.
Who is not owed a duty of care?
Trespassers and thieves.
What does ‘damage’ mean in the context of negligence?
Loss or harm suffered by the Plaintiff as a result of the breach of duty of care by the Defendant.
What is ‘Damnum sine Injuria’?
Damage for which there is no remedy in law.
What is ‘Injuria sine Damno’?
A legal wrong that may not cause actual damage.
What is required to establish a breach of duty?
Examine what standard of care was expected and whether the defendant’s behavior fell short of that standard.
What is the standard of duty of care based on?
The knowledge of the hazard, the ability to foresee consequences, and the ability to abet it.
What is the ‘REASONABLE MAN’S TEST’?
The standard of duty of care is that of an ordinary prudent man.
What was the outcome in Goldman v Hargrave regarding duty of care?
The defendant failed to extinguish a fire on their property, which later spread and caused damage.
