general negligence

What happened in Donaghue v Stevenson?

snail remain found in dark glass bottle after woman already drunk it and got plagued with sickness, duty of care was on manufacturers and on neighbours

how did lord atkin define a neighbour

persons who are so closely and directly affected by D's act the D ought to have resonably had them in contemplation

what are the three key elements of negligence

- duty of care must be owed by the D to the C

- duty of care must've been breached by the D

- breach of cuty by the D must have caused damage

what test did the court outline from Caparo v Dickman

duty of care through;

- foreseeability

- proximity

- policy

what does foreseeability ask in Caparo test

- was some damage or harm reasonably foreseeable as a result of D's actions

whats the leading case on foreseeability

Kent v Griffiths

what does proximity ask in Caparo test

if there is proximity between C and D

what is the definition of proximity

link between time, space, and relationship of parties

what is the time definition of proximity

being involved in or arriving at the scene at the time of the incident or its very immediate aftermath

what is the space definition of proximity

being physically close to the scene of incident or its immediate aftermath

what is the relationship definition of proximity

close, direct tie between the parties such as manufacturer and consumer

what is the leading case on proximity

Bourhill v Young

what does fair, just, and reasonable in Caparo test ask

if its fair, just, and reasonable, to impose a duty on the D

what policy issues do the courts debate for fair, just, and reasonable in Caparo test

- if floodgates of litigation would open

- if imposing a duty would have a deterrent value

- if D is a public authority

- protecting professionals

what does floodgates of lititgation mean

essentially where the line is drawn for the duty of a public body

what are the leading cases for fair, just, and reasonable

Hill v CC West Yorkshire

Robinson v Chief Constable West Yorkshire

when may public authorities owe a duty of care

if the public authority had exclusive control over a situation but made the situation worse

what is the leading case for public authorities owing a duty of care

Capital & Coutnies plc v Hampshire County Council

what are all the duty situations

Rigby v Chief Constable of Northamptonshire → police owe a duty of care not to make things worse when exercising their powers

Reeves v Commissioner of Police for the Metropolis → police owe a duty of care to protect those in their custody from self-harm

R v Gibbins & Proctor → parents owe a duty of care to their child, duty because of a relationship

R v Pittwood → contractual duty

R v Stone and Dobinson → duty undertaken voluntarily

R v Dytham → duty through ones official position

R v Miller → duty arises from creation of dangerous situation

Robinson v CCWY Police → duty of care owed by the D to the C if there is a pre-existing precedent

Nettleship v Weston → learners/motorists owe a duty of care to others

Wells v Cooper → amateurs undertaking a task

Mullins V Richards → children owe a duty of care to others

Bolam v Frieren Hospital → professionals/experts owe a duty of care to others

what needs to be established to establish a breach of duty

- the standard the D must have reached

- courts decide if standard was reached

what defines the standard of care

if D's conduct is tested against the standard of care which could be expected of a reasonable person doing the same activity

whats the case that set out the standard of care test

Blyth v Birmingham Waterworks

what three things modify a duty of care

- learners

- children

- professionals

what is the modified duty of care for a learner

learners are treated no different,y than those with experience and are expected to meet the standard of a reasonable person

whats the leading case for learners

Nettleship v Weston

what is the modified duty of care for children

children are expected to meet the standard of a reasonable child of their age

what is the leading case for children

Mullins v Richard

what is the modified duty of care for professionals

professionals are expected to meet the standard of a reasonable professional in the same profession

what is the leading case for professionals

Bolam v Friern Hospital

what counts as a professional

advisory jobs having higher dkills than an ordinary person, usually requiring certification

what are the risk factors considered in breach of duty

- potential likelihood of harm

- potential seriousness of harm

- cost and practicality in preventing harm

- social benefit

what does potential likelihood of harm look at

if potential harm is likely than the D is expected to take steps to prevent it

what does potential seriousness of harm look at

if potential harm is particularly serious then the D is expected to take further steps to prevent it

what does cost and practicality in preventing harm look at

the amount of time and money that D should spend trying to prevent the risk should be in proportion to the likelihood and seriousness of harm

what does social benefit look at

if the actions of D in taking the risk had a benefit to society then there may not be a breach and a lower standard may be expected

what is the leading case for potential likelihood of harm

Haley v London Electricty Board (LEB)

what is the leading case for potential seriousness of harm

Paris v Stepney Borough Council

what is the leading case for cost and practicality

Bolton v Stone

Latimer v AEC -> no breach of duty as took necessary precautions

what is the leading case for social benefit

Watt v Herts CC

what is causation called in general negligence

damage

what do we look at in damage

- factual causation

- legal causation

what is factual causation in general negligence

"but for" test (Barnett v Kensington and Chelsea Hospital)

what is legal causation in general negligence

- remoteness test

- intervening acts

- thin skull rule

what is the remoteness test

whether the type of damage to the C was reasonably foreseeable as a result of D's action

what is the leading case on remoteness

Wagon Mound no.1

is the D still liable if damage occured in an unusual way or a way that is greater than expected

yes, if the type of damage is reasonably foreseeable it doesnt matter if the damage occoured in an unusual way or to a greater extent than expected

what is the leading case for unusual or greater then expected damage

Hughes v Lord Advocate

Bradford v Robinson Rentals

what is the leading case for intervening acts

Scott v Sheperd

what is the thin skull rule

D must take C as he finds them

what is the leading case for thin skull rule

Smith v Leech Brain

what are the two defences for general negligence

- contributory negligence

- consent (volenti non fit injura)

when can contibutory negligence occur

immediately before or during the incident

where is the defence of contributory negligence contained

s.1(1) Law Reform Act 1945

is contributory negligence a full or partial defence

partial

what is contributory negligence

where the C's damages are reduced according to the C's responsibility for his loss, the amount of reduction csn be up to 99% depending on the circumstances

what is the leading case on contributory negligence

Froom v Butcher

Sayer v Harlow

what does volenti non fit injura mean

to one who volunteers, no harm is done

is consent a complete or partial defence

complete defence where C will not recieve a remedy

what must be shown by the claimant to prove consent

- knew of the risk of injury

- voluntarily accepted the risk of injury

what is the leading case on consent

- morris v murray

- smith v baker

what is damages in general negligence

your remedy, your compensation

what is the aim of damages

to compensate C and put them in a position that they would have been in had the tort not occured as far as money can do and without gaining from their losses, the C has a duty to mitigate their losses meaning they take reasonable steps to avoid further deterioration in the condition of any damaged property

what are the two types of damages

- special damages

- general damages

what are examples of special damages

- loss of earnings

- cost of medical treatment

- property damage

what is the case for reasonable medical costs and special damages

cunningham v harrison

what do general damages concern

future losses

what are the two types of general damages

- pecuniary

- non-pecuniary

what are pecuniary losses

future losses that can have a monetary value placed on them

what are examples of pecuniary losses

- future loss of earnings

- ongoing medical treatment

what are non-pecuniary losses

future losses that do not easily have a monetary value placed on them

what are examples of non-pecuniary losses

- pain and suffering

- loss of amenity

- damages for the injury itself

what are the two methods of payment

- lump sum

- structured settlement

when is a lump sum used

for a low value claim

when is a structured settlemtn used

for a high value claim

do you need to detail damages in the exam

no- just use ashleys wording in the structure flashcard set