what case was negligence defined in?
Blyth v Birmingham Waterworks
what did Baron Alderson define negligence as?
failing to do something which a the reasonable person would do or doing something which the reasonable man wouldn’t
what is the neighbour principle and which case defined it?
Donoghue v Stevenson
if a case has similar facts to a previous case, how will courts decide if there is a duty?
by using reasoning by analogy or precedent
when is the caparo test used?
in new or novel cases
what is the first part of negligence?
establishing a duty of care
what is the first stage of the caparo test?
was damage or harm reasonably foreseeable?
Kent v Griffiths
was it predictable the claimant could suffer some harm or damage as a result of what the defendant did or didn’t do?
what is the second stage of caparo?
was there a sufficient proximate/close relationship between the claimant and defendant?
Bourhill v Young
proximity in terms of time and space
McLoughlin v O’Brien
proximity in terms of close family relationship
if the answer to “do the acts or omissions of the defendant directly and closely affect the claimant?” is yes, what happens
the defendant shouldve been mindful of the acts/omission and how it affects others
what is the third stage of caparo?
is it fair, just and reasonable impose a duty of care?
Capital and Counties PLC v Hampshire County Council
courts decide whether or not it would be good for society to impose a duty (policy)
Robinson v Chief Constable of West Yorkshire
third stage of test was interpreted differently to public authorities but this was changed due to ruling in this case
why must courts consider the floodgate argument?
imposing a duty could cause the courts to be flooded with lots of unmented claims (Griffiths v Lindsay)
what is part 2 of negligence?
breach of duty
what is breach of duty?
established duty of care has been broken
establishing fault/blame on part of the defendant
where did the reasonable man test originate from?
Blyth v Birmingham Waterworks
what is the reasonable man test?
if defendant falls below standard of a reasonable person in that same situation then there is a breach of duty
~ comparison test
is the reasonable man test a subjective or objective standard?
objective standard
Nettleship v Weston
do not USUALLY take defendant (or claimants) characteristics into account
what is an unknown risk and give a case example?
a risk that CANNOT be guarded against ~ Roe v Minister of health
what is a small risk and give a case example?
there is a small risk of something potentially happening so a reasonable person would take some measure to deal with it but is not expected to go to great lengths ~ Bolton v Stone
