Negligence: Duty

Question 1

Define Negligence

Answer 1

Breach of a legal duty owed by the Defendant to the Claimant which causes Actionable Harm Undesired by the Claimant and Unintended by the Defendant

Question 2

Driver to Pedestrian

Answer 2

NETTLESHIP v WESTON

Question 3

Referee to Sportsman

Answer 3

VOWELS v EVANS

Question 4

Advocate to Client

Answer 4

ARTHUR JS HALL v SIMONS

Question 5

Defendant to Rescuer

Answer 5

BAKER v HOPKINS

Question 6

Soldier to Colleague

Answer 6

MULCAHY v MOD

Question 7

Fire service to Emergency Caller

Answer 7

CAPITAL & COUNTIES v HAMPSHIRE COUNTY COUNCIL

Question 8

No duty owed by Police to Individuals

Answer 8

HILL v CC OF WEST YORKSHIRE

Question 9

Police to Detainee

Answer 9

KIRKHAM v CC OF GREATER MANCHESTER

Question 10

Police owe a Duty to Take Reasonable Care

Answer 10

RIGBY v CC OF NORTHAMPTONSHIRE

Question 11

Police owes a Duty to Keep the ID’s of Informant Safe

Answer 11

SWINNEY v CC OF NORTHUMBRIA POLICE

Question 12

Novel Duty Situations - Neighbour Principle

Answer 12

DONOGHUE v STEVENSON
- Take reasonable care to avoid act or omissions which you can reasonably foresee would be likely to injure your neighbour

Question 13

Novel Duty Situations - Neighbour Principle Refined

Answer 13

CAPARO v DICKMAN

• Reasonable foresight of harm to C
• Sufficient proximity of relationship
• Fair, Just and Reasonable

Question 14

Omission - No Liability (even if you act carelessly)

Answer 14

STOVIN v WISE

Question 15

Omission - Act and make matter worse - Liable

Answer 15

EAST SUFFOLK RIVERS v KENT

Question 16

Duty to act positively in cases where a person has a Special Relationship or control over another

Answer 16

HOME OFFICE v DORSET YACHT

Question 17

Duty does not extend to cover actions of 3rd Parties outside of D’s control

Answer 17

SMITH v LITTLEWOODS