negligence

What is the definition of Tort?

Tort is a wrong which entitles the injured party to claim compensation from the person who committed it.

What are the main types of tort?

Negligence, defamation, trespass, occupier’s liability, deceit, breach of statutory duty, nuisance.

What is negligence in legal terms?

Negligence is a civil wrong which allows the injured party to claim compensation from the defendant who caused the loss.

What are the essential components for a successful negligence claim?

A duty of care was owed, there was a breach of that duty, and the breach caused damage.

What principle did Lord Atkin establish in Donoghue v Stevenson?

You must take reasonable care to avoid acts or omissions which are reasonably foreseeable to injure your neighbour.

What are the three key questions of the Modern Day Three Stage Test in negligence?

Was the damage reasonably foreseeable? Is there proximity between the parties? Is it fair, just, and reasonable to impose a duty?

In Blyth v Birmingham Waterworks, how is breach of duty defined?

The test for breach is objective; it measures whether a reasonable man would meet the standard of care required.

How is proximity defined in negligence law?

Proximity refers to closeness in time, space, or relationship between the claimant and defendant.

What case established that a duty is owed irrespective of physical proximity but based on relationship?

McLoughlin v O’Brian acknowledged proximity through a relationship to those impacted by an incident.

What is meant by the 'Floodgates of litigation' in the context of negligence?

Concerns that imposing a duty of care in every situation may lead to excessive legal claims.

What does the term 'Reasonable Person Test' refer to?

It is the standard of behavior expected from an ordinary person acting reasonably in similar circumstances.

In what case was it determined that the standard of care can vary based on special characteristics of the defendant?

Bolam v Friern Hospital established that professionals must meet the standard of care of a competent peer in their field.

What was held in Paris v Stepney BC regarding special characteristics of the claimant?

The defendant owed a higher standard of care due to the claimant's existing condition that increased the risk of injury.

What does the 'But for' test assess in causation?

It assesses whether the claimant would have suffered harm 'but for' the defendant's act or omission.

What does remoteness in negligence law refer to?

Remoteness concerns whether the loss is a foreseeable consequence of a breach of duty.

What did the case of Bolton v Stone illustrate regarding the size of risk?

It illustrated that a low likelihood of harm suggests that the standard of care required is lower.

What was decided in the case of Hughes v Lord Advocate?

The risk of burning injuries was foreseeable, even if the specific explosion was not.

What does the thin skull rule imply in negligence cases?

It means the defendant is liable for a plaintiff's injuries even if they are more severe due to a pre-existing condition.

What was the outcome of Smith v Leech Brain concerning foreseeability?

The defendant was liable because the injury was foreseeable, even if the extreme reaction was due to a pre-existing condition.

What must be established regarding the damage incurred in negligence?

The damage must be caused by the defendant's breach of duty and must not involve an intervening act.