Negligence Flashcards
(20 cards)
What is negligence?
A failing to do something which the reasonable person would do or wouldn’t do.
What is element one?
The defendant owes the claimant a duty of care.
How is a duty of care established?
The neighbour principle.
Which case established the neighbour principle?
Donoghue v Stevenson (1932).
What is the neighbour principle?
A duty of care is owed to anyone you ought to have in mind who might potentially be injured by your act or omission.
What test replaced the neighbour principle?
The caparo test.
Which case established the caparo test?
Caparo v Dickman (1990).
What are the three parts of the caparo test?
- Was the damage or harm reasonably forseeable?
- Is there a sufficiently proximate relationship between the claimant and the defendant?
- Is it fair, reasonable and just to impose a duty?
What was held in Robinson v Chief Constable of West Yorkshire (2018)?
If a duty of care exists through precedent, there is no need to apply the caparo test.
What is element two?
D breaches his duty of care.
What is the objective test for a breach of duty?
“What would a reasonable person have foreseen in this particular situation?”
What questions are asked to test a breach of duty for professionals?
- ” Does D’s conduct fall below the standards of the ordinary competent member of that profession?”
- ” Is there a substantial body of opinion within the profession that would support D’s course of action?”
What risk factors are considered when deciding a breach of duty?
- Special characteristics.
- Size and severity of the risk.
- Precautions taken to avoid the breach.
- Public benefit.
What was held in Montgomery v Lanarkshire?
Children do not have the same perception of risk as adults.
What is element three?
The damage suffered was caused by D’s breach of duty.
How is factual causation proven?
The ‘but for’ test.
What is the ‘but for’ test?
“But for D’s actions the end result would not have happened.”
What is novus actus interveniens?
An intervening act to break the chain of causation.
What is remoteness of damage?
D is liable for the injury or damage that is reasonably foreseeable.
What is the eggshell skull rule?
The type of damage is reasonably foreseeable but is more serious due to a pre-existing condition.
