Negligence Flashcards
(13 cards)
What must be there for there to be negligence
- The defendant owed the claimant a duty of care
- Defendant breached that duty of care
- Caused C to suffer foreseeable damage that wasn’t too remote
What case created negligence
Donohue v Stevenson
What does Robinson v ccow show
If a duty has been proven to exist in a similar situation before, the court should follow that existing precedent
Coparo v dickman
Sets out coparo test:
1. Harm was reasonably foreseeable
2. There was proximity
3. It was fair just and reasonable
Blyth v Birmingham waterworks
Defines breach as doing something a reasonable man wouldn’t do or not doing something a reasonable man would do
Nettleship v western
Same standard of care of someone with inexperience
Bolam
Standerd of care will go higher for professional
Mullins v Richard’s
Age affects standerd of care
4 risks and there cases
Size of risk- Miller v Jackson
Seriousness of harm- Paris v sbc
Practicability of precautions- Latimer v AEC
Benefits over risk- Watt v HCC
Factual causation
Barnett v Chelsea and Kensington hospital
Interevening acts
Reeves v Mpc - victims own actions
Wilkins shaw v fuller- acts of a third party
The wagon mound
Type of damage must be reasonably foreseeable
Examples of harm being unforseeable
1.Hughes v lord advocate- How the harm is caused can be unforseeable
2. Bradford v Robinson rentals- the extent of the harm can be unforseeable
3. Smith v leech brain- it doesn’t matter if the damage is more serious due to a hidden weakness of c
