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Negligence
No evaluation
| Question | Answer |
|---|---|
| Name the 4 elements of negligence | D owes C a duty of care, D was in breach of their duty, The breach caused damages, Damage was not too remote |
| What case made the neighbour principle? | Donoghue v Stevenson |
| What is neighbour principle? | You must not do anything to injure your neighbour |
| Who is your neighbour in law? | Anyone that can be affected by your actions |
| What case made the test for duty of care? | Caparo v Dickman |
| Name the 3 parts of the Caparo test | The harm must be reasonablly forseeable There must be proximity It must be fair, just and reasonable to impose a duty of care |
| What test is used to see if harm was reasonably forseeable? | The reasonable man test |
| Name 3 cases that you could use for duty of care | Langley v Dray Hayley v LEB |
| What does proximity mean? | It does not have to be actual closeness but some sort of relationship between C and D |
| Name 2 cases that can be used for proximity | Bourhill v Young Muirhead v ITS |
| Name 2 cases that can be used for fair, just and reasonable | Sumner v Colborn McFarlane v Tayside |
| Name 2 cases that you can use for police | Hill v Chief Constable Robinson v West York Police |
| What is breach? | When someone goes against their duty of care |
| What is the normal standard of care? | D has fallen below the standard of behaviour expected of someone doing the same activity |
| Give the case for normal standard of care | Dunnage v Randall |
| Name 2 things that do no affect the normal standard | DIY Unskilled D |
| What does the DIY standard say? | D's who are professional must show that they have competence expected of someone who would ordinary carry out the thing they were DIY-ing |
| Give the case for DIY | Wells v Cooper |
| What does the unskilled D standard say? | No allowance is made for people who are unskilled |
| Give the case for unskilled D | Nettleship v Western |
| Name the two special standards of care | Children Professional |
| What does the children standard say? | The standard of care is lower and would be what a reasonable child of the same age would do |
| Give the case for children | Mullin v Richards |
| What does the professional standard say? | The standard of care is higher and would be what a reasonable person of the same profession would do |
| Gave a case for the professional standard | Roe v Minister of health |
| Name the 4 factors that will affect the standard of care required | Risk of harm Special characteristics of C Taking precautions Social utility |
| How does risk of harm affect standard of care? | The greater the risk of harm the more precautions D will have to take to be seen as a reasonable person |
| Give the 2 cases used for risk of harm | Bolton v Stone Miller v Jackson |
| How do special characteristics of C affect the standard of care? | If D knows that individuals are at risk of suffering greater damage than normal they will be held to a higher standard of care |
| Give 2 cases for special characteristics of C | Paris v SBC Griffiths v Brown |
| How does taking precautions affect the standard of care? | The risk of harm must be balanced against the cost and trouble to D of taking the measures to prevent the risk |
| Give 2 cases for taking precautions | Latimer v AGC Palmer v Cornwall County Council |
| How does social utility affect the standard of care? | If D's behaviour is in public interest it is likely to have a lower stanard of care |
| Give 2 cases for social utility | Daborn v Bath Tramways Day v High Performance Sports |
| Name the 4 elements needed to show the negligence caused damages | Factual Causation Thin Skull Rule Intervening Acts Remoteness |
| How do you see if there is factual causation? | Use the but for test |
| Gave 2 cases for factual causation | Cork v Kirby Smith v Littlewoods |
| What is the thin skull rule? | You must take your victim as you find them |
| Give 2 cases for the thin skull rule | Smith v Leech Brain Doughty v Turner |
| What are the three types of intervening acts? | Act of third party Act of claiment Act of nature |
| When will D still be liable even if there is an intervening act? | The IA does not cause the loss The IA should have been foreseen |
| Give a case for the act of a third party | Knightly v Johns |
| What does act of claiment say? | C can be shown to have caused the damages themself. Their behaviour must be considered to be unreasonable to break the chain |
| Give a case for act of claiment | McKew v Holland |
| What does act of nature say? | This will only break the chain if it is unforeseeable and seperate from the initial breach |
| What is the test for remoteness? | Reasonable foreseeability of the kind or type of damage that was suffered by C |
| Give 2 cases for remoteness | The Wagon Mound Bradford v Robinson Rentals |
Created by:
Abbie06
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