Tort Legal Principles Flashcards
(36 cards)
What legal principle comes from Donoghue v Stevenson (HINT: Duty)
Lord Atkin’s neighbour principle - ‘you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour’
What legal principle comes from Robinson v Chief Constable of West Yorkshire (HINT: Duty)
The first thing the court must consider is whether a precedent can be applied to establish that a duty of care was owed
What is the 3 part Caparo test ? (And what case is it from?) (HINT: Duty)
Caparo Industries v Dickman
1. Was it reasonably foreseeable that the defendant’s failure to take care would cause damage to the claimant?
2. Was there a relationship of proximity between the claimant and the defendant?
3. Is it fair, just, and reasonable that the law should recognise a duty on the defendant to take reasonable care not to cause damage to the claimant?
What is the legal principle from Brannan v Airtours ? (HINT: Foreseeability)
If the reasonable person (objectively) would foresee the risk of what happened, then the defendant would be expected to foresee it
What is the legal principle from Swinney v Chief Constable of Northumbria ? (HINT: Proximity)
This is only satisfied where the reasonable person in the defendant’s position will reasonably foresee who their negligent acts may affect
What is the legal principle from Blyth v Birmingham Waterworks? (HINT: Breach)
A person is regarded as negligent if he fails to reach the standard of conduct that a reasonable man would reach
What is the legal principle from Roe v Minister of Health? (HINT: Breach)
There is no breach of duty when the risk is not foreseeable
What legal principle comes from Bolton v Stone? (HINT: Breach)
The more likely it is that harm will occur the more caution is necessary
What legal principle comes from Latimer v AEC Limited? (HINT: Breach)
The risk involved is balanced against the cost of taking precautions
What legal principle comes from Watt v Hertfordshire County Council (HINT: Breach)
Breach of duty is less likely to occur when the damage occurs in dealing with an emergency
What legal principle comes from Paris v Stepney Borough Council (HINT: Breach)
If the claimant has any special characteristics to be taken care of, and if the consequences will be very serious if the risk materialised, the defendant is expected to take extra care
What legal principle comes from Barney v Chelsea Hospital (HINT: Causation)
To establish factual causation, we have to consider whether the claimant would have suffered the loss/damage “but for” the defendant’s negligence
What legal principle comes from Mcghee v NCB? (HINT: Causation)
If the defendant’s actions materially increased the risk of harm suffered, they will be liable
What legal principle comes from The Wagon Mound Ltd v Morts Dock and Engineering? Company(HINT: Causation)
In order to satisfy legal causation, the harm suffered by the claimant must be reasonably foreseeable and not too remote a consequence of the actions of the defendant
What legal principle comes from Smith v Leech Brian Ltd? (HINT: Causation)
The Eggshell Skull Rule : “you must take your victim as you find him”
What legal principle comes from McKew v Holland ? (HINT: Causation)
The claimants own actions/negligence can break the chain of causation
What legal principle comes from Sayers v Harlow? (HINT: Causation)
A reasonable response by the claimant does not break the chain of causation, however the claimant’s contributory negligence can result in a reduction of the damages awarded
What legal principle comes from Topp v Country Bus Ltd (HINT: Causation)
A defendant is not liable for the act of a third party where the harm suffered could not be foreseen, there is a break in the chain of causation
What is the case that this legal principle comes from?
Lord Atkin’s neighbour principle - ‘you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour’
Donoghue v Stevenson
What is the case that this legal principle comes from?
The first thing the court must consider is whether a precedent can be applied to establish that a duty of care was owed
Robinson v Chief Constable of West Yorkshire
What is the case that this legal principle comes from and what is it known as?
1. Was it reasonably foreseeable that the defendant’s failure to take care would cause damage to the claimant?
2. Was there a relationship of proximity between the claimant and the defendant?
3. Is it fair, just, and reasonable that the law should recognise a duty on the defendant to take reasonable care not to cause damage to the claimant?
Caparo Industries v Dickman, the Thee Part Caparo Test
What is the case that this legal principle comes from?
If the reasonable person (objectively) would foresee the risk of what happened, then the defendant would be expected to foresee it
Brannan v Airtours
What is the case that this legal principle comes from?
This is only satisfied where the reasonable person in the defendant’s position will reasonably foresee who their negligent acts may affect
Swinney v Chief Constable of Northumbria
What is the case that this legal principle comes from?
A person is regarded as negligent if he fails to reach the standard of conduct that a reasonable man would reach
Blyth v Birmingham Waterworks
