Negligence Flashcards
(14 cards)
1
Q
Definition
A
Three stage test to be proved
2
Q
Stage one
A
D must owe V a duty of care. Neighbour principle (Donoghue v Stephenson). If duty is obvious then the caparo test is not needed (Robinson)
3
Q
Stage two
A
D must breach their duty of care. Doing something a reasonable man wouldn’t do (Blyth v Birmingham waterworks).
4
Q
D is a learner or inexperienced
A
Nettleship v Weston
5
Q
D is an expert
A
bolam/bolitho
6
Q
D is a child
A
Mullins v Richard’s
7
Q
Probability of harm
A
Bolton v stone
8
Q
Magnitude of the risk
A
Paris v Stepney council
9
Q
Cost and practicality of precautions
A
Latimer
10
Q
Stage three
A
The breach must have caused the damage
11
Q
Factual causation
A
Barnett v Chelsea hospital
12
Q
Legal causation - was the damage reasonably foreseeable
A
Wagon mound 1
13
Q
Thin skull rule
A
Robinson v post office
14
Q
Definition
A
