Unit 4 - Basic Negligence

HideShow resource information
What are the three elements need to be proven in order to claim for a tort of negligence?
1.) Duty was owed 2.) Breach of Duty 3.) Damage (causation & Remoteness)
1 of 18
What case established the neighbour principle?
Donoghue v Stevenson
2 of 18
Ratio Decidendi of Donoghue v Stevenson
"Manufacturer owes a duty of care to the consumer"
3 of 18
What did the case of Caparo v Dickman establish?
Three part test to see if a duty of care was owed
4 of 18
What are the elements of this test? Use case law
Reasonably foreseeable - Hayley v London Electricity Board, Proximity - Watson v BBBC, Fair and just? - Hill v Chief Constable of West Yorkshire
5 of 18
What case established the Reasonable Man test?
Blyth v Birmingham Waterworks
6 of 18
What are the groups of the objective test? Use case law
Learner - Nettleship v Weston, Specialist - Bolam v Friern, Children - Mullins v Richards
7 of 18
Name two risk factors and cases that the courts consider?
Size of risk - Bolton v Stone, Potential seriousness of injury - Paris v Stepney
8 of 18
What test is used in causation?
The "But for" test
9 of 18
What case is used for this test?
Barnett v Kensington Chelsea Hospital Hospital
10 of 18
What case supports the idea that thre can be more than one single cause of harm?
Wilsher v Essex
11 of 18
What is the leading case for remoteness of damage?
The Wagon Mound
12 of 18
Ratio Decidendi of Hughes v Lord Advocate?
"Type of injury must be foreseeabe but the manner in which it occurs does not have to be"
13 of 18
What case supports that the precise extent of injury does not have to be foreseeable?
Bradford v Robinson Rentals
14 of 18
Thin Skull rule case?
Smith v Leech Brain
15 of 18
Ratio of Carslogie Steamship co v Royal Norwegian Government
Natural causes can be classified as an intervening act
16 of 18
Cases for 3rd party intervention (Gross negligence )
Lamb v Camden, Knightley v Johns
17 of 18
Ratio decidendi of Scott v Sheperd
Innocent or instinctive acts of 3rd parties are not usually considered an intervening act
18 of 18

Other cards in this set

Card 2

Front

What case established the neighbour principle?

Back

Donoghue v Stevenson

Card 3

Front

Ratio Decidendi of Donoghue v Stevenson

Back

Preview of the front of card 3

Card 4

Front

What did the case of Caparo v Dickman establish?

Back

Preview of the front of card 4

Card 5

Front

What are the elements of this test? Use case law

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

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