NEGLIGENCE

Question 1

DUTY OF CARE

Answer 1

• establishes if a duty is owed
• Donoghue v Stevenson/ neighbour test:
  Harm is forseeable ( home office v Dorset yacht)
  Proximate relationship ( bourhill v young)
  -Caparo same with addition of fair

Question 2

BREACH OF DUTY

Answer 2

• 1) standard of care expected: -reasonable man; Clapham omnibus: hall v brook lands
• objective standard: level of care and skill require: Nettleship v Weston
• exclusions: incapacitated, Mansfield v weetabix Kids, skilled, professionals, trainees
• 2) has D breached that standard:
• level of risk a) likelihood b) serious, Paris v Stepney
• practicality or taking precautions Latimer v ACE
• purpose of activity creating risk/ social value daborn v bath tramways

Question 3

CAUSATION

Answer 3

• Factual causation: did Ds breach cause Cs harm
• but for test
• Barnett v Chelsea & Kensington hospital
• legal causation:
• forseeability test: wagonmound no. 1
• break in causation
• egg shell skull rule

Question 4

DEFENCES

Answer 4

• Volenti non fit Injuria
• Contributory negligence
• ex turpi causa illegal and immoral conduct

Question 5

REMEDIES

Answer 5

• Damages
• loss of earnings
• loss of amenity
• pain and suffering
• loss of earning capacity
• other pecuniary losses