Negligence + Damages

Duty of care

Establishing a legal relationship between parties

Robinson approach

Look for existing precedent

Manufactor + consumer

Donoghue vs Stevens

Doctor + patient

Bolem vs Barnet hospital

Judged against standard of other doctors

Drivers + other road users

Nettleship vs Weston

Learner driver crashed and injured instructor

Employer + employee case

Paris vs Stepney

Already blind in one eye

Higher duty to protect because bigger risk of compete blindness

instructor + learner

Day vs performance high sports

Rescuing climber was priority so lower standard of care

Delete

This

3 stages of caparo test

Harm reasonably foreseeable

Sufficient proximity

Fair just and reasonable

2 Stages of establishing breach

Reasonable person test

Risk factors

Reasonable person test

Breach if they fail to act in a way that a reasonable person would’ve

Damage

Personal injury or damage to property

2 stage test for damages

Factual causation

Remoteness - Legal causation

Factual causation

But for test - No intervening act

Remoteness

Only claim for losses which are reasonable foreseeable

Thin skull rule

Smith vs leach brain - take your victim as you find them

Contributory negligence

Partial defence - both parties become responsible

2 stages of consent

Must know the nature and extent of the risk of harm

Voluntarily agree to it

Remedies

Aim to place claimant in position as if tort had not taken place

Special damages (2)

From date of accident to date of judgement

Pre-trial expenses

Loss of property

General damages (4)

Post trial losses

Future losses

Pain and suffering

loss of amenity

specific injury

Mitigation of loss

Claimant must keep loss to a reasonable level

3 Stages of establishing negligence

Was duty of care owed

Was duty breached

Damage suffered was not too remote

What does it mean by risk factors when looking at breach of duty (3)

Probability of harm

Seriousness of harm

Cost

Negligence - Checklist

Intro

Duty of care

Was duty breached

Damage - factual + remoteness

Possible defences

Conclusion