negligence

?

duty of care

  • caparo v dickman 3 part test
  • is damage reasonably foreseeable? (donohue v stevenson) (kent v griffiths)
  • is there a sufficient proximate relationship between d and c? space&time (Bourhill v young) relationship (watson v bbbc)
  • fair just and reasonable to impose a duty of D? fair? (Capital& counties pls v hampshire cc). not fair? (hill v chief constable of west yorkshire)  
1 of 3

breach of duty

  • reasonable man carrying out same acitivies (blyth v birmingham waterworks)
  • special considerations: children (mullins v richards) experts (the bolam test) learners (nettleship v weston)
  • 4 risk factors
  • degree of risk: likely (bolton v stone) unlikely (roe v minister of health)
  • potential seriousness of harm (paris v stepney)
  • practicality of taking precautions (latimer v aec ltd)
  • social usefulness of activity (watt v hertforshire cc)
2 of 3

damage

  • causation in fact: but for test: (barnett v chelsea and kensington hospitals)
  • remoteness of damage: too remote: (wagon mound) not too remote: (bradford v robinson rentals)
  • type of injury foreseeable, way it happened unforeseeable (hughes v lord advocate)
  • think skull rule: (smith v leech brain & co)
3 of 3

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Law of Tort resources »