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Negligence

QuestionAnswer
What does 'Res Ipsa Loquitur' mean? The thing speaks for itself
What is the first requirement of Res Ipsa Loquitur?
Absence of explanation
What is the second requirement of Res Ipsa Loquitur? Harm not expected with proper care
What is the third requirement of Res Ipsa Loquitur? Exclusive control of D
Res Ipsa Loquitur is most commonly pleaded in? Medical negligence cases
Case - Can be very difficult to prove C was unconscious at time Mahon v Osbourne
Case - Special characteristics of a claimant (one eye) Paris v Stepney
Case - What is the size of the risk? (unlikely cricket ball) Bolton v Stone
Case - Have all practical precautions been taken? (Close wet factory) Latimer v AEC Ltd
Case - What are the benefits of taking the risk? (Unsecure fireman jack) Watts v Herts CC
Two-word test for factual causation But-for test
What does 'Novus Actus Intervieniens' mean? New intervening act
Factual Causation case - arsenic tea Barnett v Chelsea
Two-word rule for Factual Causation Thin skull rule
Factual Causation - there can be ____ causes Multiple
Multiple Causes case - oxygen baby Wilsher v Essex
If D is child/oap they owe a/an ___ standard of care than a RM Lower
SoC age case - plastic ruler fights Mullins v Richard
If D is trainee/learner they owe a/an ___ standard of care than a RM Equal
SoC T/L case - learner driver Nettleship v Weston
If D is professional they owe a/an ___ standard of care than a RM Higher
SoC professional case -
SoC professional case - low battery bleeper Bolitho
If D is DIY they owe a/an ___ standard of care than a RM equal
SoC DIY case - loose door handle Wells v Cooper
Created by: PaddyHoskin97
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