AQA LAW AS UNIT 2: NEGLIGENCE - CASE DICTIONARY

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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 regulate the
conduct of human affairs
would do.'
Sets out the neighbour Donoghue v Stevenson 1932 Snail in ginger beer can,
principle, foundation of stomach upset and shock.
modern law.
Sets out the modern Capro v Dickman Investor lost out money in a
three-part test to decide company due to inaccurate
whether a duty of care exists accounts.
where there is no precedent.
Example of foreseeability ­ it Kent v Griffiths 2000 Foreseeable that an injury
was foreseeable. would get worse if there is a
delay with an ambulance.
Example of proximity ­ no Bourhill v Young 1943 Claimant in a safe place when it
physical proximity. happened, went to see the
aftermath , miscarriage.
Example of proximity ­ even McLoughlin v O'Brien 1983 Family in accident, she rushed
though no time and space, to see them and suffered
big relationship. shock for the state they were
in.
Reasonableness- not Hill v Chief Constable of West Police do not owe a duty to
reasonable Yorkshire 1988 care to potential victims of
crime and their families on
policy grounds.
Example of reasonableness - MPC v Reeves 2001 Police owed duty of care to
reasonable prisoners taken into custody,
man with known suicide risk.
Example of reasonablebess ­ Orange v Chief Constable of No known suicide risk, not a
not reasonable West Yorkshire 2001 greater duty of care.
Breach of Duty
No special characteristics of Wells v Cooper 1954 Fitting a door handle, come off
the D, standard of care is of in hand and fell down stairs.
the reasonable competent
person doing the job.
The D standard of driving Nettleship v Weston 1971 3rd driving lesson, hit lamppost,
should be that of the injured instructor.
reasonably competent driver,
not the standard of a learner
driver.
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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
expected.…read more

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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 for' test of
negligence.
Multiple causes ­ modified in Fairchild v Glenhaven Funeral Exposure to asbestos ­ cancer ,
special circumstances . Services Ltd. 2002 couldn't prove which employer.…read more

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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 as the required
elements of res ispa loquitur
were present.
This is an example of res ipsa Mahon v Osborne 1938 Abdominal operation, died. ­
loquitur, obvious that swap had been left in body.…read more

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