negligence Flashcards
(6 cards)
1
Q
negligence…
A
has a 3 stage test
duty of care
breach of duty
breach caused damage
2
Q
stage 1
A
duty of care
owe your neighbour a duty of care (donoghue and stevenson)
robinson clear relationships between C and D just fair and reasonable to impose a duty
3
Q
stage 2
A
Breach of duty-
alderson B in blythe v birmingham
“doing something a reasonable person wouldn’t do or not doing something’s. reasonable person would do
4
Q
characteristics
A
expert- Bolam
learner - nettleship weston
5
Q
risk factors
A
probability of harm- bolton and stone
magnitude (stepney council)
cost and practicality (latimer)
6
Q
stage 3
A
breach caused damage
factual causation (barnett v chelsea hospital)
legal (wagon mound mo1)
