Negligence

Intro

C may have a claim against d for negligence

Duty of care

a duty of care will be owed by the d to the c if there is already a pre-existing precedent with the same or similar facts (Robinson)

Breach - reasonable man and risk factors

C must prove breach of duty.
The test for breach of duty is objective: has D reached the standard of a reasonable man carrying out the same activity (Blyth).
Professionals (Bolam)
Learners (nettleship v weston)
Children (Mullins v Richards)

risk factors

causation

c must prove d’s breach was the cause of the harm.
Factual (Barnett v Chelsea)
Remoteness (The Wagon Mound)

Defences

contributory negligence and consent

Damages

C’s remedy is damages. They are entitled to general and special damages