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Negligence

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Question
Answer
Caparo v Dickman   test applies in 'novel' situations where there are no established duties of care: foreseeability, proximity, FJR  
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Haley v LEB   Foreseeability: duty is owed to the blind in the area  
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Bourhill v Young   Foreseeability, and proximity: not foreseeable that someone in the tram would be affected, and no proximity so no duty owed  
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Mcloughlin v O'brien   Proximity: a duty is owed due to relationship (family died)  
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Hill v Chief Constable of West Yorkshire   FJR: not fair just and reasonable to impose a duty to all woman in the area  
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Griffiths v Lindsay   FJR: not fair just and reasonable to extend taxi driver's duty to outside the car  
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Bolam v Friern   doctors/experts have a higher standard of care  
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Mullins v Richards   Lower standard of care for children/kids (ruler)  
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Roe v Minister of Health   can't use the benefit of hindsight  
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Nettleship v Weston   Learner drivers must uphold the same standard as qualified drivers  
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FB v Princess Alexandra Hospital   Being newly qualified doesn't change standard of care  
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Bolton v Stone   no breach because the likelihood of harm is so low  
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Paris v Stepney BC   breach because the potential seriousness of harm is higher (one eye)  
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Latimer v AEC   no breach because the cost of avoiding harm is high/unreasonable (shutting down factory for the day)  
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Watt v Herts CC   no breach because there is a high cost of avoiding harm and high utility to using the incorrect truck (firemen case)  
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Scout Association v Barnes   breach due to low utility and high likelihood of harm ('objects in the dark')  
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Blythe v Birmingham Waterworks   negligence = "failing to do something which the reasonable person would or would not do"  
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Donoghue v Stevenson   established the general principle of the duty of care concept in law: "neighbour principle"  
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Robinson v CC of West Yorkshire Police   Caparo test only needed in 'novel' situations  
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Hall v Simons   Lawyers owe a duty to their clients  
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Wilsher v Essex AHA   5 possible causes for child's blindness  
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Smith v Leech Brain   Thin Skull Rule  
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Hughes v Lord Advocate   Extent of damage needn't be foreseeable  
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The Wagon Mound   Damage may not be too remote  
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Bolitho v CHHA   Adapts the Bolam test  
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Ward v Tesco   Yoghurt - Res Ipsa Loquitur  
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The Oropesa   Leaving boat not a novus actus interveniens - caused by collision  
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Wilkin-shaw v Fuller   Stranger broke chain of causation?  
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Barnett v Chelsea   no factual causation?  
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What are the defences to Negligence claims?   Contributory Negligence, Volenti  
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Froom v Butcher   Thrown out of car but Contrib Neg (not wearing seatbelt)  
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Clay v Tui   Actions break chain of causation (climbing across balcony) so no contrib neg  
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Sayers v Harlow   locked in toilet - contributory negligence  
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Morris v Murray   Agreed to the risk (pilot DUI) - volenti  
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