Important cases: Negligence reverse

Question 1

Driver / Learners = normal people

Answer 1

Duty of care: Nettleship v Weston

Question 2

Doctors, by analogy medical professionals

Answer 2

Duty of care: Barnett v Chelsea and Kensington Hospital

Question 3

Food / Drink manufacturers

Answer 3

Duty of care: Donaghue v Stephenson

Question 4

Ambulances

Answer 4

Duty of care: Kent v Griffiths

Question 5

People who cause an accident ( to people who are sufficiently proximate)

Answer 5

Duty of care: McLoughlin v O’Brien

Question 6

Employers

Answer 6

Duty of care: Paris v Stepheny Borough council

Question 7

Pharmaceutical companies

Answer 7

Duty of care: White v Levina

Question 8

Managers of climbing walls (and by extension any other sporting apparatus)

Answer 8

Duty of care: Day v High performance sports

Question 9

Police

Answer 9

Duty of care: Robinson v CC of West Yorkshire

Question 10

Scouts ( and by extension anything involving kids)

Answer 10

Duty of care: Barness v Scout Association

Question 11

supermarkets

Answer 11

Duty of care: Ward v Tesco Stores Ltd

Question 12

Rental firms

Answer 12

Duty of care: Bradford v Robinson Rentals

Question 13

Negligence definition: ‘Doing something which a reasonable person would not do’ or ‘An omission to do something which a reasonable person would do’
- reasonable person test

Answer 13

Blyth V Birmingham Waterworks

Question 14

YOU DON’T USE CAPARO UNLESS IT’S A COMPLETELY NEW SCENARIO WHICH IT WILL NEVER BE FOR A 30 MARKER
Three part test:
reasonably foreseeable
proximity
Fair and just

Answer 14

Caparo v Dickman

Question 15

duty of care

Answer 15

Robinson v CC of west Yorkshire

Question 16

Professionals (inc. doctors, lawyers, accountants etc) judged by the standard of the profession
- does the D’s conduct fall below the standard of the ordinary, competent member of that profession?
- is there a substantial body of opinion within the profession that would support the cause of action taken by the defendant?

Answer 16

Breach: Bolam v Friern Barnet Hospital Management Committee

Question 17

apply to professionals test
- If the professionals actions are supported by other professionals were they practical or reasonable?

Answer 17

Breach: Bolitho

Question 18

special considerations for breach in terms of employers

Answer 18

Breach: Paris v Stepney borough council

Question 19

normal/reasonable person test

Answer 19

Breach: Blyth v Birmingham waterworks

Question 20

if not ‘but for’ the defendants act or omission, the injury would not have happened.
Damage is established only if defendant’s action were the factual cause of the damage
(Factual causation)

Answer 20

Damage: Barnett v Chelsea and Kensington Hospital Management Committee

Question 21

actions have to have cause and consequence

Answer 21

Damage: Wagon Mound

Question 22

foreseeable: Bradford v Robinson Rentals
Unforeseeable: Doughty V Turner Asbestos

Answer 22

Damage: causation

Question 23

contributory negligence

Answer 23

Defences: Revill v Newbury

Question 24

Claimant failed to take care (instead of consent)

Answer 24

Defences: Gough v Thorns

Question 25

compensatory damages

Answer 25

Remedies: Livingstone v Rawyards Coal company

Question 26

special damages (loss of earnings, medical)

Answer 26

Remedies: Pickett v British Rail Engineering LTD