Negligence

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What test is used for duty of care and what are the 3 questions?
Caparo test - 1.Was the damage or harm reasonable foreseeable? 2. Is there a sufficient proximate relationship between D and C? 3.Is it fair just & reasonable to impose duty?
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What is meant by reasonably foreseeable?
The damage must be reasonably foreseeable and in Jolley v Sutton. If harm not foreseeable can't impose duty as in Bourhill v Young.
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What is meant by proximity?
A duty will only arise if the C and D had a close enough relationship as in Osman v Ferguson. Hill v Chief Constable West Yorkshire - not proximate.
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What is fair just and reasonable?
Courts are reluctant to impose a duty on public authorities as in Hill v CCWY. However, if court thinks it is fair just and reasonable to do so they will as in MPC v Reeves.
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What is a breach of duty?
The D must reach the standard of a reasonable man. Blyth v Birmingham Waterworks as the "man on the Clapham Omnibus".
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What is the ordinary man?
D is expected to reach the standard of a reasonably competent person doing same task - Wells v Cooper
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What is a learner?
The standard expected of a learner is the same of an ordinary person. There are no expectations - Nettleship v Weston.
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What is a professional?
Judged by standard set by other professionals in same job - Bolam
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What is a young?
Standard of a reasonable person of the same age - Mulin v Richards
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What is a foreseeable risk in breach?
The D will not have breached their duty if the harm was not foreseeable - Roe v Minister of Health.
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What are risk factors?
Factors that the court take into account when deciding what standard of care must be met.
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What is size of risk?
The bigger the risk the more care is required - Bolton v Stone - small risk. Haley v London Electricity Board - big risk.
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What are practical precautions?
D will have reached the standard required if taken all practical precautions against any risks - Latimer v AEC / Bolton v Stone.
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What are claimant's special characteristics?
Risks known by the D because of special characteristics - Paris v Stepney Borough Council.
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What is damage?
Basically refers to fact that any breach of duty must cause the damage; factual causation, remoteness of damage.
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What is factual causation?
Must be said 'but for' the Ds action, claimant would not suffer loss or injury - Barnett v Chelsea Kensington Hospitals. If multiple causes, C must succeed against all Ds - Fairchild
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What is remoteness of damage?
Damage must not be too remote from D's negligence. In deciding this court ask whether the damage was reasonably foreseeable - The wagon mound.
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What is the thin skull rule?
Must take your victim as you find them - Smith v Leech Brain
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What is type of injury must be foreseeable?
D will be liable if type of injury was foreseeable, even if precise way it happened wasn't - Hughes v Lord Advocate.
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What is novus actus interviens?
If there is some form of intervening act then D could not be said to be cause - Orange v CCWY.
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Negligence
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Card 2

Front

What is meant by reasonably foreseeable?

Back

The damage must be reasonably foreseeable and in Jolley v Sutton. If harm not foreseeable can't impose duty as in Bourhill v Young.

Card 3

Front

What is meant by proximity?

Back

Preview of the front of card 3

Card 4

Front

What is fair just and reasonable?

Back

Preview of the front of card 4

Card 5

Front

What is a breach of duty?

Back

Preview of the front of card 5
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