Studied by 5 people
What is the definition of negligence?
a legal wrong, suffered by someone at the hands of another who fails to take proper care
What is the 3 stage test for duty of care?
the Caparo test (Caparo v Dickman)
When do you use the Caparo test? Which case decided this?
Robinson: if it is a novel situation to the courts (relationship between D and C not been established before)
What is the 1st question in the Caparo test?
was the harm reasonably foreseeable (Kent)? objective test
What is the 2nd question in the Caparo test?
was there a sufficiently proximate relationship? space and time or relationship
What case created the aftermath doctrine?
McLoughlin v O’Brien
What is the aftermath doctrine?
where someone who sees the aftermath and has a link to people involved can claim
What is the 3rd question in the Caparo test?
is it fair, just and reasonable to impose a duty? (eg. Capital & Counties v Hampshire - reasonable that fire would damage if left to burn)
What are the 2 factors that make up breach of duty?
standard and risk
What is the case for breach of duty can be an act or omission?
Blyth v Birmingham Waterworks
What is the definition of standard?
has D discharged their duty?
What is the definition and case for breach of professionals?
professionals are judged to the same standard as other professionals (Bolam v Friem Barnett Hospital)
What is the definition and case for breach by children?
children judged at a lower standard than adults (Mullin v Richards)
What is the definition and case for breach by learners?
learners judged at the same standard of a competent, more experienced person (Nettleship v Weston)
What is the definition of risk factors?
the standard may go up/down depending on the situation
What is the case of no breach if risk unknown to the world?
Roe v Minister of Health - glass and germs case
What is the case for more severe outcome due to characteristics = higher precautions?
Paris v Stepney Borough Council - half blind case
What is the case for high chance of happening = higher precautions?
Haley v London Electricity Board - blind school case
What is the case for lower standard required in an emergency?
Watt v Hertfordshire County Council - falling pole case
What is the case for reasonable safety precautions expected but not 100% safety?
Latimer v AEC
What is the definition of causation of damage?
D’s actions caused the loss
What is the case for the ‘but for’ test within causation?
Barnett v Chelsea and Kensington Hospital - poisoned and no cure case
What is the case for you take the victim as you find them?
Smith v Leech Brain
Definition of remoteness of damage?
is it reasonably foreseeable?
Cases for remoteness of damage?
The Wagon Mound (boat leaked oil), Bradford v Robinson Rentals (injuries from the cold foreseen), Doughty v Turner Asbestos (lid made of asbestos fell into molten metal causing explosion, not foreseeable reaction would occur so not liable)
What are the 2 defences to a negligence claim?
contributory negligence and consent
What is the definition of contributory negligence?
where C is a bit to blame as well, reduced payout
What act reduces damages to reflect C’s degree of fault?
Law Reform (Contributory Negligence) Act 1945
Cases for contributory negligence?
Sayers v Harlow DC (trapped in public toilet, 25% reduction), Jayes v IMI (workshop, 100% reduction - liable to drive up standards), Froom v Butcher (car crash but didn’t wear seatbelt, 20% reduction)
What does the defence of consent mean?
volenti, if successful no damages paid.
What is the 1st thing D must show for defense of consent? Case example?
C knew precise risks involved (eg. Stermer v Lawson, extra powerful motorbike)
What is the 2nd thing D must show for defense of consent? Case example?
C had free choice (eg. Smith v Baker, working in quarry)
What is the 3rd thing D must show for defense of consent? Case example?
voluntary acceptance of risk (eg. Ogwo v Taylor, firemen turned up to a fire and got burnt)
Note 
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