Negligence - Duty of Care

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What is the burden of proof?
the burden is on the claimant to prove their case

it is not for the defendant to show that they are not liable
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What is the standard of proof?
the claimant must prove their case on the balance of probabilities

this meant it must be more likely than not ie at least 51%
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What case established the modern law of negligence?
What set out the four factors that a claimant must prove?
Donoghue v Stevenson 1932

- Duty of care
- Breach of duty
- Cause damage
- Damage is not too remote
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Donoghue v Stevenson - Lord Atkins Neighbour Test:

What was duty of care originally decided by?
"You must take reasonable care to avoid acts or omissions which can reasonably foresee would be likely to injure your neighbour.... persons who are so closely and directly affected by my act that i ought to have them in contemplation when i am directing m
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What can the neighbour test be broken in to ?
Reasonable foresight of harm

Relationship of proximity
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What is the neighbour test - commentary?
Neighbour test was novel as it was an all embracing test
Prior to this, liability would only be allowed where there existed an established ground
Neighbour test was considered to be too wide
Was a fear of "opening the floodgates"
Subsequent cases narrowed
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The current test

What is the Caparo test?
Caparo v Dickman Industries 1990

The Caparo test

The three stage test:
- Reasonable foresight of harm
- A relationship of proximity
- Claimant must give reasons to show that it is fair, just and reasonable to impose duty of care
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Reasonable foresight of harm

What happened in the case of Topp v London Country Bus?
d bus company left a mini bus in layby overnight, unlocked and keys left in. Driver expected to pick up bus but didnt show, thieves stole bus, bus knocked women off bicycle and killed her, her husband brought action for damages. Bus company did not owe du
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Reasonable foresight of harm

What happened in the case of Home Office v Dorset Yacht Club?
young offenders were doing supervised work on Brown Sea Island under Bostal Regime, one night Bostal officers retired for evening leaving boys unsupervised, 7 escaped and stole boat while collided with a Yacht owned by claimant, Home Office owed duty of c
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Relationship of proximity

Where are the courts most likely to find proximity?
Special relationship (parent/child, doctor/patient)

Assumption of responsibility

Previous dealings between the parties

Proximity of time and space
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Relationship of proximity

Where are courts less likely to find proximity?
the claimant can not be distinguished from the public at large

the claimant is a member of an indeterminate group
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Relationship of proximity

What happened in the case of Bourhill v Young 1943?
claimant was pregnant fishwife, got off tram reached for basket off tram, d drove motorcycle past tram at excessive speed and collided with car where claimant standing. D killed by impact, claimant heard collision but did not see it, claimant walked past
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Relationship of proximity

What happened in the case of Goodwill v British Pregnancy Advisory Service?
d arranged for man to have vasectomy, he was now sterile and no contraception needed, 3 years later man had sex with claimant, her doctor had said vasectomies could reverse, claimant got pregnant and had healthy girl, claimant sued d's negligence claiming
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What are policy factors?
Loss allocation - which party can afford to bear loss
Floodgates - if allow a duty of care in one situation it is going to lead to flood of people claiming the same
Practical considerations
Deterrence - will raise standards and prevent future negligence
J
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Fair, just and reasonable cases

What happened in the case of Hill v CC West Yorkshire 1990?
Jacqueline Hill was final victim of yorkshire ripper, her mother made a claim against Chief Constable on grounds that police had been negligent in their detection and detention of Sutcliffe. Defendant applied to have claim struck down on grounds that ther
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Fair, just and reasonable cases

What happened in the case of Robinson v CC Yorkshire 2018?
claimant was Mrs Robinson who was 76 year old frail women, suffered injuries when knocked over and fallen on by 2 policemen who were physically apprehending suspected drug dealer whilst in close physical proximity, both trial court and Court of Appeal hel
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Fair, just and reasonable cases

What happened in the case of Elguzouli-daf v Commissioner of Police 1995?
he was charged with ****, refused bail and remanded in prison, CPS later learned that semen sample provided by him did not match one found on victim, took them a further 22 days to drop prosecution, he brought an action for damages against CPS in acting w
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Fair, just and reasonable cases

What happened in the case of Vellino v CC of Greater Manchester 2002?
claimant known as offender and had string of convictions, seriously injured when he jumped out of 2nd floor window having been arrested, police aware that he was likely to escape, also aware activity dangerous but did nothing to prevent, claimant suffered
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Fair, just and reasonable cases

What happened in the case of Capital & Counties v Hampshire County Council 1997?
fire broke out in building, fire brigade arrived and turned off sprinkler system, had difficulty in locating seat of fire during time fire out of control, by time fire located it had spread to all 3 buildings, had the sprinklers been switched off it is li
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Fair, just and reasonable cases

What happened in the case of Stovin v Wise 1996?
Mr S suffered serious injuries when knocked off motorcyle by car driven by Mrs W. She pulled out of junction in which visibility of traffic hampered due to bank of earth, told that Mrs W 70% to blame and County Council 30% as they knew junction dangerous,
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Fair, just and reasonable cases

What happened in the case of Osman v Ferguson 1993?
school teacher formed unhealthy attachment to 14 year old pupil, gave him money, took photos and followed him home, police informed but took no action, teacher changed his name OSMAN, was suspended from teaching and embarked in serious harassment, police
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Other cards in this set

Card 2

Front

What is the standard of proof?

Back

the claimant must prove their case on the balance of probabilities

this meant it must be more likely than not ie at least 51%

Card 3

Front

What case established the modern law of negligence?
What set out the four factors that a claimant must prove?

Back

Preview of the front of card 3

Card 4

Front

Donoghue v Stevenson - Lord Atkins Neighbour Test:

What was duty of care originally decided by?

Back

Preview of the front of card 4

Card 5

Front

What can the neighbour test be broken in to ?

Back

Preview of the front of card 5
View more cards

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