Negligence PAPER 2 SEC B

Question 1

what is negligence

Answer 1

a type of tort(civil wrong) in English law, many types of tort but negligence is the most significant

Question 2

in civil law what is taking someone to court called

Answer 2

suing

Question 3

as a person bringing the case the court what will this person be called

Answer 3

claimant

Question 4

who is the person being taken to court called

Answer 4

defendant

Question 5

who has the burden of proof

Answer 5

claimant

Question 6

what is the standard of proof that this person must meet

Answer 6

balance of probabilities

Question 7

what does D have to do if they lose the case

Answer 7

pay damages

Question 8

what is the purpose of a tort

Answer 8

return C to original position

Question 9

what 3 things does a C have to prove

Answer 9

D owed C a duty of care
D breached duty of care
D caused C damages which was not too remote

Question 10

which case was negligence created

Answer 10

Donoghue v Stevenson

Question 11

what is the 3 part test called

Answer 11

Caparo test

Question 12

what case changed the caparo test

Answer 12

Robinson v CCoWY

Question 13

what did the supreme court decide in Robinson

Answer 13

if a duty has been proven to exist in a similar situation before it should only exist in the current case too. it is only in new situations that caparo test should be used to help decide if a duty should be owed

Question 14

if the scenario talks about a situation or being new then what do you do

Answer 14

use the test from Caparo v Dickman

Question 15

what case defines breach

Answer 15

Blyth v Birmingham Waterworks Co

Question 16

what does Blyth V Birmingham Waterworks define breach as

Answer 16

D does not do something which is reasonable man would do or D does something which a reasonable man would not do

Question 17

in what case are there factors affecting the reasonable and standard of care expected

Answer 17

Nettleship v Weston

Question 18

was the standard of care expected from D in nettleship v weston

Answer 18

standard of care of an average competent driver

Question 19

what factor was irrelevant in nettleship v weston

Answer 19

inexperience dos not lower standard of care

Question 20

what are the 2 cases for proffesion/ expertise

Answer 20

Bolam v Frien Barnet HMC
Wells v Cooper

Question 21

what is the case for age

Answer 21

Mullin v Richards

Question 22

what are the 4 risk factors

Answer 22

size of risk
seriousness of potential harm
practicability of precautions
benefits of taking a risk

Question 23

what is the definition of size of risk

Answer 23

how likely is the harm to happen

Question 24

what are the 2 cases for size of risk

Answer 24

Bolton v Stone
Miller v Jackson

Question 25

what is the legal principle for Bolton V Stone

Answer 25

the reasonable man will take less precautions against a small risk of harm

Question 26

what is the legal principle for Miller v Jackson

Answer 26

is a risk if high the reasonable man takes more precaution

Question 27

what is the definition of seriousness of potential harm

Answer 27

how bad the harm could be if it happens

Question 28

what is the case for seriousness of potential harm

Answer 28

Paris v SBC

Question 29

what is the legal principle for Paris v SBC

Answer 29

the reasonable man will take more care when the potential harm to C could be serious

Question 30

what is the definition of practicability of precautions

Answer 30

how practical (easy, cheap, quick) was it to take precautions to reduce risk of harm

Question 31

what are the 2 cases for practicability of precautions

Answer 31

Paris v Stepney BC Latimer v AEC

Question 32

what is the legal principle for Latimer v AEC

Answer 32

the reasonable man will take precautions which are proportionate to size of risk and seriousness of potential harm

Question 33

what is the definition of potential benefits of taking risk

Answer 33

is the benefit going to outweigh the risk used in life threatening cases and emergency services

Question 34

what is the case for potential benefits of taking risk

Answer 34

Watt v HCC

Question 35

what is the legal principle for Watt v HCC

Answer 35

the reasonable man will take a risk if the potential benefit to be gained outweighs the risk .

Question 36

the claimant must prove that the defendants breach

Answer 36

caused damage to the claimant that the damage caused was not too remote a result of the breach

Question 37

what is the case for factual causation in negligence

Answer 37

Barnett v Chelsea and kensington hospital management comittee

Question 38

When will intervening acts prevent D being liable

Answer 38

When action is unreasonable and unforseable

Question 39

What are the cases for intervening acts

Answer 39

Reeves v MPC Wilkin shaw v Fuller

Question 40

why does the remoteness test exist and what is its purpose

Answer 40

to limit what someone is liable for

Question 41

what is the case for the remoteness test

Answer 41

THE WAGON MOUND

Question 42

what is the case for how the harm is caused can be unforeseeable

Answer 42

hughes v lord advocate

Question 43

what is the case for the extent of the harm can be unforseeable

Answer 43

Bradford v Robinson rentals

Question 44

what is the rule called when a D is more vulnerable due to a weakness or vulnerability

Answer 44

eggshell skull rule

Question 45

what is the case for the eggshell skull rule

Answer 45

Smith v Leech brain and co ltd

Question 46

what is contributory negligence

Answer 46

a partial defence where D is still liable but reduces the damages paid

Question 47

how does contributory negligence work

Answer 47

judge says how much damages are paid makes a percentage of the terms into damages final amount of damages to be paid is based on the reduction decided

Question 48

what does the Law Reform(contributory negligence) Act show about contributory negligence

Answer 48

damages awarded to the claimant can be reduced depending on the extent to which the claimant contributes to his own injury

Question 49

what is the case for contributory negligence

Answer 49

Sayers v Harlow UDC

Question 50

what is volenti non fit injuria

Answer 50

this is a full defence to all torts

Question 51

what is meant by a full defence

Answer 51

D is not liable at all

Question 52

what are the 3 elements of volenti where C accepts risk of injury

Answer 52

C knows precise risk involved in the situation C was able to exercise free choice C voluntarily accepted the risk

Question 53

what does “C knows the precise risk involved mean”

Answer 53

this means C knows the nature of the actual risk and C must know nature of what actually happened

Question 54

why is the volenti test being subjective matter and is important

Answer 54

this is because of what C actually believed not what C should have known

Question 55

what is the case for C knowing the precise risk

Answer 55

Stremer v Lawson

Question 56

what is the legal principle for stremer v lawson

Answer 56

C must know there is a general risk and he must know that there is a risk of what actually happened happening

Question 57

When will C not be able to have exercised free choice

Answer 57

pressure duress obligation

Question 58

what is the 1st case for exercising free choice

Answer 58

Smith v Baker

Question 59

what is the legal principle for Smith v Baker

Answer 59

where C is forced into accepting the risk he has not exercised free choice

Question 60

what is the 2nd case for exercising free choice

Answer 60

Ogwo v Taylor

Question 61

what is the legal principle for Ogwo v Taylor

Answer 61

where C has a duty to act they are forced to act and cannot exercise free choice

Question 62

what is the case for voluntarily accepting a risk

Answer 62

ICI v Shatwell