Negligence

Question 1

What elements are needed to prove (5)

Answer 1

1. Duty of care
2. Breach of duty
3. Causation of damages
4. Defences
5. Remedies

Question 2

Elements for a Duty of care

Answer 2

1. Existing duty (Robinson) or not?
2. Donoghue - neighbour principle.

Question 2

Elements for Breach of Duty

Answer 2

1. Reasonable Man Test - Compare to the reasonable - Learner, DIY, Expert / Professional.
   2.Risk Factors (Size of risk - Magnitude of harm + Likelihood of harm)
2. Practicality of precautions - (Latimer v AEC)

Question 2

Explain 3 intervening causes

Answer 2

1. Gross negligence
2. 3rd party criminal act
3. Instinctive reactions of a third party will not count

Question 2

What are the two defences

Answer 2

Contributory Negligence
Consent

Question 2

Elements for Caparo test (FPR)

Answer 2

1. Foreseeability of harm
2. Proximity between C & D
3. Is it reasonable to enforce a duty

Question 3

Elements of Damages

Answer 3

1. Factual Causation - But for test
2. Intervening Causes
3. Remoteness of damages

Question 3

Explain remoteness of damages

Answer 3

1. Was it foreseeable in the manner that it happened
2. type of harm needs to be foreseeable but not the extent of damage.

Question 3

Two elements for Contributory negligence?

Answer 3

1. Did C act in a way to make the damages worse e.g not wearing a safety helmet
2. Did C act in a way below the standards of the reasonable man.

Question 4

Elements for Consent?

Answer 4

1. Fully aware of the risk (Morris v Murray)
2. was consent freely given
3. C must waive any claim to injuries express or impliedly

Question 5

Remedies?

Answer 5

Special & General - Special is measurable.