The Tort of Negligence.

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What is duty of care?
Where people owe a duty of care e.g. motorists to people who may be affected by their actions.
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What was the neighbour test? And what case started it all?
Donoghue v Stevenson- Here the manufactures owed a duty of care to their customers.
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What case set out the modern three part test?
Caparo v Dickman- Reasonably foreseeable, Proximity, Fair, just and reasonable.
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What does reasonably foreseeable include?
Foreseesability is an objective test- would the reasonable person have realised that harm may occur?
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What is the case example for reasonably foreseeable?
Kent v Griffiths- It is foreseeable that an injured person waiting for an ambulance may suffer more injuries if there is a delay.
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What does proximity include?
There can be proximity by space, time/relationship.
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What is a case example for proximity?
Bourhill v Young- There was no physical proximity, as the claimant was in a safe place, whilst she could hear it she could not see it. No proximity-claim unsuccessful.
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What does fair,just and reasonable include?
The court will only impose a duty if it is fair, just and reasonable. To avoid 'floodgate' as it will lead to too many people trying to make claims.
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What is the case example for fair, just and reasonable?
Hill v Chief Constable of South Yorkshire.
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What is breach of duty?
Once it has been proved that the defendant owed the claimant a duty of care it is necessary to show that the defendant breached that duty- did not do what the reasonable person would.
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What are some factors affecting the standard of care of the reasonable man?
Are there any special characteristics of the defendant/claimant, What is the size of the risk, Have all practical precautions been taken.
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What is a case example for any special characteristics of the defendant?
Nettleship v Weston- The standard of care expected of a learner driver is the same as that of any driver. This is logical from the point of view of those who ae injured and because there is compulsory insurance.
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What is the case example for when the risk is small?
Miller v Jackson- Cricket ground ball flew out regularly. Bolton v Stone- Took necessary precutions.
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What is the case example for when the risk seems small but the potential harm that may occur is great?
Paris v Stepney Borough Council- The council knew he only had one good eye so needed to do more than usual to protect the other.
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What is the case for when it is acceptable to run a risk if the activity justifies it?
Watt v Hertfordshire County Council- The benefits of saving a womens life outweighed the risk of injury to a firefighter.
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What is the case example when taking expense, practicality of taking precautions into consideration?
Latimer v AEC Ltd- After a flood, moping the floor and warning employees was best as closing the factory would have been too expensive.
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What is causation for negligence?
Even if the claimant can show that the defendant owed a duty of care and that duty was breached the claiment must prove that the defendant was the cause of damage/harm suffered.
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What is factual causation?
The 'but for' test.
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What is the case example for factual causation?
Barnett v Chelsea and Kensington Hospital management committee- The cause of death was the original poisioning not the hospitals failure to examine him properly.
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What is Novus actus interveniens?
Has something happened which could have broken the link between the defendants conduct and the harm/damage to the claimant?
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What is remoteness of damage?
The defendant is liable for damage only if it is the foreseeable consequence of the breach of duty.
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What is the case example for remoteness of damage?
Wagon Mound- The damage by the spilt oil was foreseeable the damage by the fire was not and therefore damage was too remote.
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What is the Thin Skull rule?
Where the claimant suffers more serious harm from a breach of duty by the defendant than a reasonable person might foresee.
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What is the case example for the Think skull rule- take your victim as you find him?
Smith v Leech Brain- The claimant had a pre-cancerous condition. He was splashed on the lip with molten metal. The burn turned cancerous.
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What is Res Ipsa loquitur?
The thing speaks for itself- It is a rule wherby negligence can be inferred from the fact that the accident happened.
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What is a case example for Res Ipsa loquitur?
Scott v London and St Katherine Docks- The claimant was walking along the dock when he was hit on the head by a sack of sugar.
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What is the three part test to Res Ipsa loquitur?
The thing that caused harm was wholly under the control of the defendant, The accident caused the damage would not have happened unless someone had been negligent, There is no other explanation.
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Card 2

Front

What was the neighbour test? And what case started it all?

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Donoghue v Stevenson- Here the manufactures owed a duty of care to their customers.

Card 3

Front

What case set out the modern three part test?

Back

Preview of the front of card 3

Card 4

Front

What does reasonably foreseeable include?

Back

Preview of the front of card 4

Card 5

Front

What is the case example for reasonably foreseeable?

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