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Law unit 3
General negligence principles in Tort Law
| What are the factors needed for negligence? | Claimant needs to be owed a duty of care Duty of care needs to be breached Breach needs to have caused damage |
| What is the neighbour principle | You must take reasonable care to avoid acts that you can predict will likely injure people closely/directly effected by your act |
| Whats the name of the case that helped develop the neighbour principle? | Donohughe v Stevenson |
| What test is used to see if there was a duty of care? | The Caparo test |
| What is the Caparo test | Reasonably forseeable Proximity Fair,just and reasonable |
| What does it mean by reasonably forseeable? | Could the defendant reasonably forsee that their act would cause harm to the claimant |
| Case example of harm being reasonably forseeable? | Kent v Griffiths Ambulance took 40 minutes for no reason |
| What does it mean by Proximity? | Was there a sufficiently close relationship between Claimant and Defendant? |
| Case example of insufficient proximity? | Osman v Ferguson No duty imposed due to public policy reasons |
| What does it mean by fair, just and reasonable? | MUST be fair just and reasonable (applies to all cases) |
| Case example of not just, fair and reasonable | McFarlane v Tayside Health Board No reasonable duty to compensate for normal cost of child rearing |
| What does it mean by breach of duty? | For there to be negligence a duty has to be breached |
| What is the standard of care for the prudent and reasonable man | A person is negligent if they fail to do what a reasonable person would do Blythe v Birmingham waterworks |
| What is the standard of care for the potential seriousness of harm | If harm could be severe the standard of care is higher Paris v Stepney |
| What is the standard of care for experts | Experts aren't negligent if they acted in accordance with a responsible body of professional opinion Bolam v Friern Hospital management |
| What is the standard of care for learners | Learners are held to the same standard as competent individuals Nettleship v Weston |
| What is the standard of care for children | Children are judged against a reasonable child of the same age Mullin v Richards |
| What does breach of duty depend on? | Degree of risk Duty of care Practicability Usefulness of actions If practicability or usefulness is there than there is no breach of duty |
| What does it mean by degree of risk? | Risk must be forseeable Bolton v Stone |
| What does it mean by practicability? | Is it practical to take precautions? Paris v Stepney |
| What is Res Ipsa Loquitor | "The thing speaks for itself" If defendant doesnt have an explanation the court can infer if the defendants negligence caused it |
| What case created Res Ipsa Loquitor | Scott v London & St Katherine Docs Co |
| What 3 things must be shown for Res Ipsa Loquitor | Absence of explanation Harm must be of kind that doesnt happen if proper care is taken What caused accident must be in exclusive control of defendant |
| What are 3 case examples of Res Ipsa Loquitor | Mahon v Osborne Ward v Tesco stores Barkway v South Wales Transport |
Created by:
Taanvi