tort of negligence

Question 1

what case established the test for duty of care

Answer 1

caporo v dickman

Question 1

what are the three elements for a negligence claim to be made successfully

Answer 1

1. duty of care must be owed by the defendant
2. duty of care must be breached by the defendant
3. breach of duty must cause damage

Question 2

what are the three elements of the test for duty of care

Answer 2

1. foreseeability
2. proximity
3. policy test

Question 3

what is foreseeability + case example

Answer 3

‘was some damage or harm reasonably foreseeable as a result of the defendants actions’
Kent v Griffiths

Question 4

what is proximity + case example

Answer 4

‘is there proximity between the claimant and defendant’
proximity can be in terms of time, space and relationship
Bournhill v Young

Question 5

what is the policy test + case example

Answer 5

is it fair, just and reasonable to impose a duty on the defendant, considering the floodgates of litigation
Hill v CCWY

Question 6

what is the case for a duty may be owed to the claimant on a previous precedent

Answer 6

Robinson v CCWY

Question 7

what are the two elements for breach of duty

Answer 7

• courts must decide what standard the defendant should have reached
• balancing other factors, has that standard been reached

Question 8

the subjective test for standard + case example

Answer 8

established in Blyth v Birmingham waterworks
‘has the defendant fallen below the standard of a reasonable man performing the activity involved’

Question 9

standard of care for learners + case example

Answer 9

treated no differently then those with experience
Nettleship v Weston

Question 10

standard of care for professionals + case example

Answer 10

expected to meet the standard of the reasonable professional in the same profession
Bolam v frieran hospital

Question 11

standard of care for children + case example

Answer 11

children should be judged against the standard of other children their age
Mullins v Richards

Question 12

explain potential likelihood of harm + case example

Answer 12

if potential harm is likely then the defendant is expected to take care to prevent it
Hayley v LEB

Question 13

explain seriousness of harm + case example

Answer 13

if potential harm could be particularly serious then the defendant is expected to take further steps to prevent it
Paris v SBC

Question 14

explain cost and practicality + case example

Answer 14

amount of time and money that the defendant should spend trying to prevent the risk should be in proportion to the likelihood/seriousness of potential harm
Bolton v Stone

Question 15

explain social benefit + case example

Answer 15

if the actions of the defendant in taking the risk had a benefit to society, then there might not be a breach
Watt v Herts CC

Question 16

factual causation + case example

Answer 16

using the ‘but for’ test
Barnett v Kensington and Chelsea hospital

Question 17

legal causation ‘remoteness’ + case example

Answer 17

focuses on whether the damage to the claimant was an immediate and reasonably foreseeable consequence of the defendants actions
Wagon Mound no.1

Question 18

explain Hughes v Lord Advocate

Answer 18

it doesn’t matter that the damage occurred in an unusual way or to a greater extent than expected - the defendant is still liable