Flashcards in Negligence- Duty and Breach Deck (22)
"The standard of care is that of the reasonable person". Which case is this?
Bolitho- What is the judgement?
Where common practice in the profession is split, the judge will decide what whas the logically reasonable course of action to take
In what circumstances do people owe rescuers a duty of care. Which case?
If they create a dangerous situation. As in Baker v Hopkins
What is the ruling in Bolam?
Common practice is good evidence of compliance and no breach
Which case demonstrates that drivers owe passengers a duty of care?
Nettleship v Weston
There is no liability for acting where there is no duty. What is the case?
East Sussex River Catchment Boat v Kent
Is there leniency for learner drivers? Which case says yes/no?
No. Nettleship v Weston
Mullin v Richards. What is the ruling?
Children must meet the standard of a reasonable child of their age.
What is the established duty created in London Passenger Transport v Upson?
Drivers owe other drivers a duty of care
What is the rule in Stovin v Wise?
There is no liability for omissions, unless a special relationship exists
What is the Caparo 3 stage test for duty of care?
1. Reasonable foresight
2. Proximity of relationship
3. Fair, just and reasonable to impose a duty
What are the 3 conditions for Res Ipsa Loquitur to apply?
1. The thing that caused the damage must be under the control of the defendant
2. The accident must not normally occur without negligence
3. The cause of the accident is unknown to the claimant
Scott v London & St Katherine's Dock
Paris v Stepney. What is the ruling?
There was a higher risk of blindness when someone is already blind in one eye and more precaution should have been taken.
Junior Doctors must meet what standard of care? Which case?
Junior Doctors must meet the standard of the reasonably competent doctor (Wilsher)
What six factors must be taken into account when assessing breach?
1. Magintude of risk. Was there a high risk that deserved attention?
2. Cost and practicability of taking precautions
3. Value to society of risky behaviour
4. Common practice. (Bolam)
5. Current state of knowledge.
6. Breach limited to "reasonable probabilities not fantastical possibilities" (Fardon)
What is the case involving a cricket ball where magnitude of risk was found to be low?
Bolton v Stone
What is Negligence?
Failure to use reasonable care, resulting in unintentional damage or injury to another.
What is the rule in Paris v Stepney Borough Council?
Magnitude of risk must be taken into account. In this case a claimant had one eye and thus the magnitude of risk was higher.
When was it decided that the state of knowledge would be assessed at the time of the incident
Roe v Ministry for Health
What is the case which details the cost and practicability of taking precautions must be considered?
Latimer v AEC
t was found that it wouldn't be reasonably practical to close a factory because of a minor spill.
Hill v Chief Constable of West Yorkshire. What is the ruling?
The police do not owe a duty of care to individuals, but to the public at large.