Unit 4 - Basic Negligence

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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)
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What case established the neighbour principle?
Donoghue v Stevenson
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Ratio Decidendi of Donoghue v Stevenson
"Manufacturer owes a duty of care to the consumer"
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What did the case of Caparo v Dickman establish?
Three part test to see if a duty of care was owed
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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
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What case established the Reasonable Man test?
Blyth v Birmingham Waterworks
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What are the groups of the objective test? Use case law
Learner - Nettleship v Weston, Specialist - Bolam v Friern, Children - Mullins v Richards
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Name two risk factors and cases that the courts consider?
Size of risk - Bolton v Stone, Potential seriousness of injury - Paris v Stepney
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What test is used in causation?
The "But for" test
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What case is used for this test?
Barnett v Kensington Chelsea Hospital Hospital
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What case supports the idea that thre can be more than one single cause of harm?
Wilsher v Essex
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What is the leading case for remoteness of damage?
The Wagon Mound
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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"
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What case supports that the precise extent of injury does not have to be foreseeable?
Bradford v Robinson Rentals
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Thin Skull rule case?
Smith v Leech Brain
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Ratio of Carslogie Steamship co v Royal Norwegian Government
Natural causes can be classified as an intervening act
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Cases for 3rd party intervention (Gross negligence )
Lamb v Camden, Knightley v Johns
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Ratio decidendi of Scott v Sheperd
Innocent or instinctive acts of 3rd parties are not usually considered an intervening act
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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
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