General Negligence

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  • Created by: Kelcent
  • Created on: 28-01-13 10:56
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  • Simple Negligence
    • Duty of Care being owed
      • Test taken: Caparo Industries plc v. Dickman
        • Was the damage reasonably foreseeable?
          • Bhamra v. Dubb(2010)
        • Was there a proximity in relationship?
          • Lord Justice Goff stated that, "Proximity meant that defendant could reasonably expected to foresee his action would cause damage to claimant
          • Sutradhar v. Natural Environment Research Council
            • Proximity required a degree of control of the source of Claimant's injury.
          • Can be express in terms of relationship between defendant, and the activity which cause harm to the claimant
            • Watsonv. British Boxing Board Of Control
        • Is it fair, just and reasonable to impose such duties?
          • Commisionersof Customs and Excise v. BarclayBank Plc
    • Breach of duty by the defendant
      • Standard of Care
        • Reasonable Man
          • Blyth v. Birmingham Water Works
            • "to act in a way which a reasonable man will not do
            • "to omit doing something a reasonable man would do
          • Nettleship v. Weston
      • Fallen below the standard required
          • State of Knowledge
            • Roe v. Minister of Health
          • Magnitude of Risk
            • Greaterrisk of harm
              • Frequency/Real likelihood of damage
              • Bolton v. Stone
            • Risk of greater harm
              • Seriousness of injury that is risked
              • Paris v. Stepney
          • Practicability of Precaution
            • Latimerv. AEC
          • Utility of Conduct
            • Watt v. Hertfordshire City Council
    • Suffers damages
      • Causation
      • Remoteness of Damage
  • Bhamra v. Dubb(2010)


Smith E


A diagram of fundamental importance. It sets out the basic aspects of negligence law: duty of care, breach and causation. The cases are all key ones. The use of colour, though minimal, does aid recall.

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