Negligence

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  • Created by: __Jess
  • Created on: 15-11-22 18:52
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  • Negligence
    • The defendant owed them a duty of care
      • Neighbour principle.
        • Anyone in the defendant's contemplation
          • Donoghue v Stevenson
      • Caparo v Dickman
        • Was the damage reasonably foreseeable?
          • Kent v Griffiths
          • Jolley v Sutton
          • Topp v London County Bus
        • Is there a sufficiently proximate relationship?
          • Bourhill v Young
          • McLouglin v O'Brien
        • Is it fair, just and reasonable to impose a duty?
          • Hill v CC of West Yorkshire
          • Capital and Counties v Hampshire County Council
      • Only use DvS test in new and novel situations
        • Robinson
    • The defendant breached the duty of care
      • Objective standard of care (reasonable person)
        • Professionals
          • Bolam v Friern Barnet Hospital
        • Learners
          • Nettleship v Weston
        • Children
          • Mullin v Richards
      • Would the reasonable person take more or less risks?
        • Special characteristics of the claimant
          • Paris v Stepney Borough Council
        • Size of risk
          • Small risk
            • Bolton v Stone
          • Large risk
            • Haley v London Electricity Board
          • Have they taken appropriate precautions?
            • Latimer v AEC
          • Public benefit
            • Watt v Hertfordshire CC
          • Were the risks known?
            • Roe v Minister of Health
    • The breach causes damage
      • Causation
        • Factual
          • Barnett v Chelsea and Kensington Hospital
        • Legal
      • Remoteness of damage
        • Must be reasonably foreseeable
          • Wagon Mound
        • Type of injury
          • Hughes v Lord Advocate
        • Egg shell skull
          • Smith v Leech Brain
    • Defences
      • Contributory negligence
        • O'Connell v Jackson
        • Froom v Butcher
        • Stinton v Stinton
      • Consent
        • D has to show:
          • Knowledge of the precise risk involved
            • Stermer v Lawson
          • Exercise of free choice by the claimant
            • Smith v Baker
          • A voluntary acceptance of the risk
            • Smith v Baker

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