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Danielle CoakleyUnit 2: Concept of Liability Case Dictionary






Liability in Negligence
The Duty of Care
`Negligence is the omission Blyth v Birmingham Defined the meaning of the
to do something which a Waterworks Co. 1856 term `negligence.' Identified
reasonable man, guided the reasonable man test.
upon those considerations
which similarly…

Page 2

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Danielle CoakleyUnit 2: Concept of Liability Case Dictionary




The standard of a Bolam v Friern Barnet Hospital Mental illness, electric shock
professional is judged by the Management Committee therapy, no relaxant pills,
standard of the profession. 1957 suffered broken bones.
Two accepted medical
methods, acceptable in
reaching standard of care…

Page 3

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Danielle CoakleyUnit 2: Concept of Liability Case Dictionary




Damage Caused by Breech

No causation in fact ­ they Barnett v Chelsea and Night-watchmen, arsenic
would have died anyway. Kensington Hospital poisoning and died. Doctor
Management Committee didn't admit them into hospital
1968 ­ but they would have died
anyway. `But…

Page 4

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Danielle CoakleyUnit 2: Concept of Liability Case Dictionary




The Courts: Procedure and
Damages for Negligence
Cases

Res ispa loquitur applied to Scott v London and St Hit on the head with sack
the situation so negligence Kathrine's Docks1865 sugar, didn't have to prove
did not have to be proved. negligence…

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