SECTION B: Negligence 20 Marker PAPER 2

Question 1

Define

Answer 1

Common law found in donoghue v Stevenson. 3 stages to negligence- duty , breach and damage

Question 2

Explain doc (not novel)

Answer 2

Relationship between c and d which means d will be liable if they negligently injure C. Robinson states if there is a long standing legal principle or precedent where such relationship exists, there is no need to use caparo test which was the law previously.

Question 3

Explain doc (novel)

Answer 3

Use caparo test
1. Is there a foreseeability of harm (Jolley)
2. Is there a proximity of C to D (bournhill)
3. and fair just and reasonable to create a doc between the d and c

Question 4

What comes after explain doc

Answer 4

Apply doc

Question 5

Explain standard of care

Answer 5

The standard expected from a reasonable person (Blyth). Experience makes no difference (nettleship) but if the D is a professional then standard will be higher (Bolam)

Question 6

Explain risk factors 1

Answer 6

Severity of harm - If D knows C is likely to be affected badly by potential breach then the D must take extra care not to injure D and so standard of care owed by D will be higher (Paris)

Question 7

Explain risk factor 2

Answer 7

Practicability of precautions - if it is quick easy and cheap to tale precautions then the reasonable person is expected to do so, raising their standard of care (Paris)

Question 8

What after risk factors

Answer 8

Conclude wether it has been breached

Question 9

Explain remoteness

Answer 9

Any damage suffered by c must be reasonably foreseeable otherwise cannot be claimed for. The TYPE of damage only must be reasonably foreseeable: wagon mound ( chemical damage from oil spill was foreseeable, fire was not). Not necessary to foresee HOW the damage occurred (Hughes) or it’s extent (Bradford). Peculiaritiy/ TS rule applies. If C has a peculiarity that makes extent of damage worse, it will not break chain ( smith v leech brain)

Question 10

Explain defences that may be relevant

Answer 10

Could argue consent - only exists when C has fully understood the risk (stermer) had freedom and choice to avoid the risk (smith) and voluntarily assumed the risk (shatwell)