Negligence Flashcards
Duty of Care, Breach of Duty, Breached caused the Damage (4 cards)
Stage 1 of Negligence
Establishing a Duty of Care
- Donoghue v Stevenson established the neighbour principle.
- This was later updated in Robinson as a ‘clear and obvious relationship’ that makes it fair, just and reasonable to impose a DOC.
Stage 2 of Negligence
Establishing a Breach of Duty
- Objective test. Alderson B in Blyth v Birmingham Waterworks defines breach as ‘doing something a reasonable man wouldn’t do, or not doing something the reasonable man would do.’
Characteristics:
Expert (Bolam/Bolitho) - Judged to the standard of a reasonably competent professional.
Learner (Nettleship v Weston) - Judged to the standard of someone experienced and competent.
Children (Mullins v Richards) - Judged to the standards of a reasonable child of a similar age.
If they do not fit into a specific category, they will be judged to the standard of a reasonable man performing the same task (Vaughan v Menlove)
Risk Factors of Negligence
Risk factors raise/ lower the standard of expected care required.
1) Probability of Harm (Bolton v Stone).
2) Magnitude of the Risk (Paris v Stepney Council).
3) Cost and Practicality of Precautions (Latimer).
Side Rule: Possible Benefits of the Risk (Watt V Hertfordshire Council).
Stage 3 of Negligence
The Breach of Duty caused the Damage
1) Factual Causation (Barnett v Chelsea Hospital) - ‘But for test’.
2) Legal Causation (Wagon Mound No. 1) - Relates to the remoteness of the damage.
Side Rule: Hughes v Lord Advocate - Foreseeability.
Side Rule: Smith v Leech Brain Co - Thin Skill Rule
