P2 TORT LAW- DUTY OF CARE

Question 1

What does duty of care mean?

Answer 1

Legal obligation to take care of an defendant and avoiding causing foreseeable harm

Question 2

What is the neighbour principle?

Answer 2

Persons who are so closely and directly affected by my act

Question 3

Donoghue V Stevenson

Answer 3

Facts: bear contained a decomposed snail
Ratio: Manufacture own a duty of care to consumers

Question 4

What is existing precedents

Answer 4

Cases that have previously occur before in court

Question 5

What are examples of existing precedent?

Answer 5

Employee to employees, doctor to patient, driver to other road users and pedestrians, householder to neighbour

Question 6

3 steps of approaching duty of care?
Robinson V CCWY

Answer 6

1) Ask existing precedent assuming duty of care
2) No existing precedent, courts will see any cases with smilies facts can draw analogous duty
3) no existing precedent will be “novel” (new) situation, new structure test

Question 7

Robinson V CCWY

Answer 7

The fairness test only applied to novel situations
3 steps

Question 8

Nettleship V Weston

Answer 8

Driver to other participants own a duty to passengers

Question 9

Walker V Northumberland Country

Answer 9

Employee to employees own a duty

Question 10

Mullins V Richard

Answer 10

Children owe each other a duty

Question 11

Whitehouse V Jordan

Answer 11

Doctor to patient own a duty

Question 12

Condon V Basi

Answer 12

Sportsman to other participants own a duty

Question 13

Caparo V dickman
Only used if a novel situation

Answer 13

In order for duty of care all 3 are required:
1) harm must be reasonable foreseeable
2) parties must be in a relationship of proximity
3) must be fair, just and reasonable

Question 14

Ashton V turner

Answer 14

Criminals do not owe a duty of care.

Question 15

Hill V chief constable of West Yorkshire

Answer 15

Not fair just or reasonable to hold the police responsible for catching the Yorkshire ripple

Question 16

Breach of duty-
What is breach of duty?

Answer 16

Done something to break the negligence

Question 17

Blythe V Birmingham waterworks

Answer 17

Negligence is the omission to do something which a reasonable man would do or not

Question 18

Nettleship V Weston

Answer 18

Lack of experience/skill can be disregarded

Question 19

Bolom V Friem HMC

Answer 19

hospital did not fall below of standard. Court held that standard of professional is judge by standard of profession

Question 20

What are the 5 factors where the court decided whether a defendant has fallen below standard of a reasonable person?

Answer 20

Foresight of harm
Likelihood of harm
I importance of social utility
Servility of harm
Burden of eliminating risk

Question 21

F-
Roe V minister of health

Answer 21

Did not breach. Was not reasonable foreseeable. LJ said we must look at 1947 incident and with 1954 speculates

Question 22

L- Bolton V Stone

Answer 22

Facts: cricket ball over fence of rare occurrence
Ratio: Risk was small

Question 23

L- Miller V jackson

Answer 23

Facts: cricket ball over fence frequent
Ratio: risk was greater

Question 24

I- Watt V Hertfordshire county council

Answer 24

Facts: jack on fire
Ratio: The saving a life outweighed the need to take precautions

Question 25

Tomlinson V Congleton Borough council

Answer 25

Facts: Council put warning signs to not go in lake but still went Ratio: social utility of public using lake outweighed the risk

Question 26

Day V high performance sports

Answer 26

Facts: women falls from indoor climbing wall because she didn’t buckle herself properly Held: there was no breach Ratio: If the claimant erred (made a mistake) the error is the one of judgement not negligence

Question 27

Having established duty of care and breach of duty what do we now have to prove?

Answer 27

Loss and damaged was suffered as a result of negligent act. And must prove was it foreseeable (outcome predicted) or remote (not predictable)

Question 28

What are the 2 types of loss or damage caused?

Answer 28

Causation- did the defendant action cause the outcome Remote- Not reasonably foreseeable

Question 29

Cau- Barnett V Chelsea + Kengiston

Answer 29

But for Test- even with proper care the claimant would of still died of arsenic poisoning

Question 30

McWilliams V aarol

Answer 30

Facts- husband never was asked to wear a buckle. But everytime he was asked he would neglect Held: D not liable Ratio: But for D’s reach duty of his care. C’s husband would of still died due to significant evidence of him neglecting to not wear it

Question 31

Wilsher V Essex AHA

Answer 31

Facts: baby given too much oxygen but he was also premature. Either factor made him blind Held: Ds negligence was not the cause Facts: it could not be determined by what was the primary cause of the baby’s blindness

Question 32

Rem- wagon Mound

Answer 32

Facts: defendant boat leaked and catches fire. Held: not liable for fire Ratio: was reasonably foreseeable for harbour but the fire was not reasonable foreseeable therefore too remote

Question 33

Types of injuries need to be foreseeable but the precise(accuracy and extent (truth) does not need to be forseeable

Question 34

Hughes V Lord Advocate

Answer 34

Facts: c fell down unattended manhole Held: liable for full extent Ratio: Harm is foreseeable but how it occurs is not

Question 35

Bradford V Robinson

Answer 35

Facts: van driver suffered from frostbite Held: still liable Ratio: D still liable if the harm is reasonably foreseeable but extent is not

Question 36

Page V smith

Answer 36

Ratio: some types of injuries must be foreseeable

Question 37

Thin skull rule- Take C how you find them

Answer 37

Smith V leach Brian CorrV IBC vehicles

Question 38

S- Paris V Stepney

Answer 38

Although it was not a standard practice to provide goggles. Council owned him a higher duty of care as there is a higher risk of harm to C

Question 39

B- Latimer V AEC

Answer 39

Facts: factory flooded but had signs to notify employee. Held: did not breach Ratio: Defendant had not be negligent and had taken all reasonable precautions

Question 40

How to answer a Tort negligence 30M?

Answer 40

1) Duty of care- Robinson V CCWY Case,similar facts, novel 2) Breach of duty- What they did what a reasonable man would not do 3) Risk Factors - FLISB 4) Causation did d act cause outcome 5)Remoteness -RF 6) Pay of damages

Question 41

What is the purpose of damage

Answer 41

To put claimant back in position before negligence

Question 42

What are the 2 types of damages?

Answer 42

Special damages = precise money for loss General damages= estimate loss of compensation

Question 43

What is mitigation loss?

Answer 43

Taking reasonable steps to avoid future negligence (minimise any loss he suffers)

Question 44

What is special damages payed for and what case was used?

Answer 44

Medical expenses and paying for amount of days that they were working for. Must be reasonable Cunningham V harrison = rejected unreasonable because he wanted housekeeper and nurse

Question 45

General damage contains pecuniary and non pecuniary loss what are these?

Answer 45

Pecuniary= future loss for damaged/medical Non pecuniary= Sue for pain/injury and amenity (can’t do a hobby u used to do)

Question 46

What case was used in non pecuniary damage?

Answer 46

Hicks V South Yorkshire police- rejected as child suffered pain briefly Amenity = West V Shepard -serious head injury