Tort of Negligence. Flashcards
(23 cards)
What are the elements of the tort of negligence?
1) Duty of care; 2) breach of the duty of care; 3) Causation; and 4) actionable damage.
For novel situations what are the criteria needed to establish a duty of care? What case illustrates this?
1) proximity; 2) reasonable foreseeabiliy; and 3) it must be fair, just, and reasonable to impose a duty (Caparo v Dickman).
Which case illustrated the neighbour principle?
Donoghue v Stevenson.
This case illustrates negligent misstatement.
Hedley Byrne v Heller.
This case illustrates liability for third parties.
Dorset Yacht v Home Office.
This case involved a man getting the wrong waiting time. Why was there no duty?
Darnley v Croydon Health Services NHS Trust. No duty because it was not fair just and reasonable.
Case involved the Yorkshire Ripper.
Hill v Chief Constable of West Yorkshire.
Case involved woman calling police on former partner.
Michael v South Wales Police.
What is the leading case for assumption of responsibility?
Hedley Byrne.
What are the elements of Hedley Byrne liability?
1) assumption of responsibility, 2) negligent misstatement, 3) reasonable reliance on statement, and 4) detriment/loss as a result.
Which case shows that responsibility can only be assumed if defendants know what they are assuming?
Playboy Club London v Banca Nazionale del Lavaro.
This case shows that informal business transactions could give rise to assumption of responsibility.
Chaudhry v Prabhakar.
Who is a public authority?
established by statute, have statutory duties, have statutory powers.
Can duty arise out of statutory powers automatically? What is the principle called?
No a duty of care cannot arise automatically just because there’s a statutory duty that someone should do something they do not equate. East Suffolk Principle.
When is a duty of care owed by public authorities?
1) made the situation worse, 2) assumed responsibility, 3) policy favors duty being found, and 4) caparo duty.
This case shows situation being made worse by public authorities that involves planting trees.
Yetkin v London Borough of Newham.
This case shows assumption of responsibility by emergency services. It involves an asthma attack.
Kent v Griffiths.
When does policy favour a duty of care against public authorities? What case illustrates this?
Children welfare. JD v East Berkshire
What is the basic test for breach of duty?
doing something a reasonable person would not do or not doing something a reasonable person would do.
What is the man on the ‘Clapham Omnibus’?
an appeal to an objective standard.
which case illustrates the objective standard in breach of trust? It involves a noob woman driving.
Nettleship v Weston.
What test decides what is reasonable in a professional standard? What is it?
The Bolam Test. A man is not negligent if he follows the practice of a responsible body of medical men skilled in that art.
This case shows that in rare cases an offshoot practice could go well professionally.
Bolithio case.
