Negligence: Intro & DOC Flashcards
What case defined negligence?
Blyth v Birmingham Waterworks Co
What did Blyth define negligence as?
‘Failing to do something which the reasonable man would do or doing something which the reasonable man wouldn’t do’
What can negligence be committed through?
An act or omission
What can a negligence claim apply to?
Damage to people or property
Who proves the defendant was negligent?
The claimant
What is the three part test for negligence?
Duty of care
Breached duty
The breach caused reasonably foreseeable damage or injury
1 - What is one problem with issuing a negligence claim?
Insurance companies are often slow at processing claims due to amount they receive/need to investigate
1 - If insurance companies are slow with claims, what will this lead to?
Delays with the claim, so the claimant is out of pocket for longer, especially if they have to take time off work due to the severity of their injuries
1 - What does the delay with the claim lead to?
Claimant dropping the case due to the potentialy lengthy litigation that is to follow once a court date has been set
What case established the duties for duty of care?
Robinson v CCWY
What did Robinson v CCWY establish?
If there’s an already established relationship, you apply the established duty of care
What are the already established duties of care?
Duty under contract
Public office
Limit harm caused
Voluntary
Relationship
Statute (Road Traffic Act 1988)
Precedent
2 - What is a positive for the Robinson?
Was a recent one (from 2018), so reflects modern thinking, we’re happy the police are being held accountable for the injuries they cause when making an arrest
2 - What does it uphold?
Public policy as we’re removing the blanket immunity police officers once had
2 - What did the SC decide?
In novel cases, courts need to excercise judgement of what is fair, just and reasonable
Makes each case individualised and fairer on the D
