The Tort of Negligence - Duty of Care

A brief introduction as to how negligence is proven, how to prove whether someone owes a duty of care and cases to back up each point.

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  • Created by: Domingo
  • Created on: 07-02-13 10:00
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The Tort of Negligence
Negligence means it is a civil wrong. E.g. cleaner not cleaning up & someone falls.
When someone acts carelessly.
To Prove Negligence:
They owe a duty of care
They have breached this duty.
This breach causes damage.
Duty of Care
Caparo V Dickman
Laid down the test for Duty of Care:
Was damage foreseeable?
Is there a sufficiently proximate(close) relationship between the claimant and the defendant.
Is it fair, just and reasonable to impose a duty of care.
Was damage foreseeable?
-Means is any harm foreseeable from the defendants actions.
Kent V Griffiths
-A doctor called for an ambulance to take a patient from a serious asthma attack. The ambulance
failed to arrive within a reasonable time and the patient suffered a heart attack. This could've been
avoided if the ambulance arrived sooner.
Topp V London County Bus
-A driver left a bus unattended with a key inside and it was stolen and driven dangerously causing an
accident in which the claimant was injured. The damage to the claimant was not held to be reasonably
foreseeable.

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Is there a proximate relationship between the claimant and the
defendant?
Test comes from Donoghue V Stephenson.
"Persons who are so closely and directly affected by my act that I ought reasonably to have them in
my contemplation."
Hill V Chief Constable of West Yorkshire
-A serial killer had been murdering woman in the Yorkshire area. The claimant's daughter was the
killer's last victim before he was caught. At the time of the death the police had enough evidence to
arrest the killer.…read more

Comments

Samuel Galeckyj

Didn't make any sense - needs improvement.

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