Evaluation of negligence

Do in Order

Introduction

Three core principles of liability:

1. Duty of Care

2. Breach of the duty

3. Damage.

Once core principles are established compensation may be awarded, to restore to a pre damage state.

First Paragraph

Duty of Care

Caparo test: Was damage reasonably foreseeable, Is there a sufficient proximate relationship between C and D, is it fair, just and reasonable to impose a duty.

Foreseeability refers to predictability of harm (Kent v Griffiths = ambulance delay led to further harm.

Proximity illustrated in Bourhill v Young where a lack of proximity absolved the defendant of liability.

The fairness, justness and reasonableness of imposing a duty of care are evaluated through a policy test, aiming to prevent frivolous claims. In Mulcahy v MoD, court sided with defendant considering the impracticality of expecting a duty of care in a battlefield scenario.

Second Paragraph

Breach occurs when a defendant fails to meet their duty of care. Factors: likelihood (Bolton v Stone) and magnitude of risk, as seen in Paris v Stepney, practicality of precautions demonstrated by Latimer v AEC, and the standard of care expected from the defendant.

Third paragraph

Damage is established if the defendants actions or omissions were a factual cause of harm, ‘but for’ test from R v White.

Also the damage must not be too remote, necessitating a clear link between the cause and consequence. If the link is not clear then the claim will likely fail, case example of The Wagon Mound case.

Fourth Paragraph

The ‘Thin Skull Rule’ applies to consider the vulnerability or particular weaknesses of the claimant, holding the defendant responsible for foreseeable harm, regardless of the claimants unique susceptibility. In Smith v Leech Brain, the defendant was held liable for harm despite the victims pre existing condition, emphasizing the principle of taking the victim as they are found.

Summary

Negligence liability revolves around the principle of establishing a duty of care, breach and damage, with elements serving to ensure fair compensation for harm caused by negligence.