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Negligence Flashcards

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1
Q

What is the definition of negligence?

A

Where D owes C a duty of care, which is breached and causes reasonably foreseeable damage

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2
Q

What is Stage 1?

A

Establishing a Duty of Care

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3
Q

Where was duty of care originally established?

A

Donoghue v Stevenson

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4
Q

Donoghue v Stevenson

A

You must not injure your neighbor in law

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5
Q

You must not injure your neighbor in law

A

Donoghue v Stevenson

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6
Q

Lord Atkin

A

Your neighbour is anyone who is closely and directly affected by your actions or omissions

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7
Q

Usually for stage 1, what test is needed?

A

Caparo

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8
Q

Which test overrules the Caparo test now for most cases?

A

Robinson

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9
Q

Robinson

A

If there is an obvious relationship between C and D, it will be fair, just and reasonable to establish as duty of care

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10
Q

Stage 2 of negligence

A

Has D breached their duty of care?

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11
Q

Definition of breach of duty is given by?

A

Blyth v Birmingham waterworks

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12
Q

Definition of breach of duty

A

Doing something the reasonable man wouldn’t do, or failing to do something that the reasonable man would do

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13
Q

Doing something the reasonable man wouldn’t do, or failing to do something that the reasonable man would do

A

Blyth v Birmingham waterworks

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14
Q

If there is an obvious relationship between C and D, it will be fair, just and reasonable to establish as duty of care

A

Robinson

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15
Q

What kind of test is stage 2?

A

Objective

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16
Q

Standard of breach case name: Expert

A

Bolom

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17
Q

Bolom

A

An expert is judged by the standards of other reasonably competent professionals in that field

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18
Q

An expert is judged by the standards of other reasonably competent professionals in that field

A

Bolom

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19
Q

Standard of breach case name: Learner

A

Nettleship v Weston

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20
Q

Nettleship v Weston

A

A leaner is held to the standards of a reasonably competent person

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21
Q

A leaner is held to the standards of a reasonably competent person

A

Nettleship v Weston

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22
Q

Standard of breach case name: Child

A

Richards v Mullins

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23
Q

Richards v Mullins

A

A child will be held to the same standards of another child

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24
Q

A child will be held to the same standards of another child

A

Richards v Mullins

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25
What has to be established in stage 2?
Standards Risk factors
26
Standard of breach case name: If D does not fall into any above categories
Vaughan v Menlove
27
Vaughan v Menlove
If D does not fall into any categories, D will be judged on the standards of a reasonable person doing the same task
28
If D does not fall into any categories, D will be judged on the standards of a reasonable person doing the same task
Vaughan v Menlove
29
How many characteristics are there for standards, stage 2?
3
30
Risk factors (name)
Probability of harm Seriousness of Risk Cost and practicality of taking precautions
31
Side rule for risk factors
Social benefit - Watt
32
Risk factors (name with case)
Probability of harm - Bolton v Stone Seriousness of Risk - Paris v Stephney Council Cost and practicality of taking precautions - Latimer
33
Probability of harm case
Bolton v Stone
34
Bolton v Stone
Probability of harm case
35
Standard for Bolton v Stone
The higher the risk of harm, the more care needs to be taken
36
Standard for Probability of harm
The higher the risk of harm, the more care needs to be taken
37
The higher the risk of harm, the more care needs to be taken
Standard for Bolton v Stone, Probability of harm
38
Seriousness of risk case
Paris v Stepney Council
39
Paris v Stepney Council
Seriousness of risk case
40
Paris v Stepney Council standard
If the potential injuries are severe, D must do more to prevent them from occurring
41
If the potential injuries are severe, D must do more to prevent them from occurring
Paris v Stepney Council standard, Seriousness of risk
42
Seriousness of risk standard
If the potential injuries are severe, D must do more to prevent them from occurring
43
Cost and Practicality of Taking Precautions case
Latimer
44
Latimer risk factor
Cost and Practicality of Taking Precautions
45
Latimer standard
If the cost and practicality of preventing the risk is small, D should do what is reasonable to prevent the incident occurring.
46
If the cost and practicality of preventing the risk is small, D should do what is reasonable to prevent the incident occurring case
Latimer
47
If the cost and practicality of preventing the risk is small, D should do what is reasonable to prevent the incident occurring risk factor
Cost and Practicality of Taking Precautions
48
Side rule in risk factors (stage 2)
Social Benefit
49
Social benefit case
Watt v Hertfords Hire Council
50
Social benefit standard
If there is a benefit to society by taking the risk, D will not be in breach of duty
51
If there is a benefit to society by taking the risk, D will not be in breach of duty case
Watt v Hertfords Hire Council
52
If there is a benefit to society by taking the risk, D will not be in breach of duty risk factor
Social benefit (side rule)
53
Stage 3 of Negligence
The breach must cause reasonably foreseeable damage
54
Factual causation test
But for test
55
Factual Causation case
Barnet
56
Barnet
Factual causation
57
Legal Causation Case
Wagon Mound
58
Legal Causation Test
Remoteness of Damage. If it is foreseeable, the damage is not remote, so legal causation is established
59
Wagon Mound Test
Remoteness of Damage. If it is foreseeable, the damage is not remote, so legal causation is established
60
Remoteness of Damage. If it is foreseeable, the damage is not remote, so legal causation is established
Wagon Mound Test
61
Legal Causation Side rule (Case)
Hughes v Lord Advocate
61
Remoteness of Damage. If it is foreseeable, the damage is not remote, so legal causation is established
Legal Causation
62
Hughes v Lord Advocate is for?
Legal Causation Side rule
62
Causation Side Rules (name)
Prescie Injury Thin Skull Rule
63
Hughes v Lord Advocate ruling
As long as the type of damage was foreseeable, you can claim, even if it happened in an unexpected way
64
As long as the type of damage was foreseeable, you can claim, even if it happened in an unexpected way case
Hughes v Lord Advocate
65
Legal Causation Side rule (Ruling)
As long as the type of damage was foreseeable, you can claim, even if it happened in an unexpected way
66
Thin Skill Rule Case
Robinson v Post Office
67
Thin Skull Rule
You must take the C as you find them
68
You must take the C as you find them case
Robinson v Post Office
69
Robinson v Post Office ruling
You must take the C as you find them
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