Negligence AO1 (summary)

What is negligence?

A tort where an act or omission causes injury to a person or damage to their property

Where does the burden of proof lay?

The Claimant- on the balance of probabilities

What did Donoghue v Stevenson set (element one)?

D must owe the C a duty of care → the Neighbour Test

What is The Neighbour Test?

You owe a duty of care to your ‘neighbour.’ This is the people directly or closely affected by your acts/omissions

What is the Caparo Test?

Sets out the 3 stages for establishing a duty of care

Caparo Test: Part One?

Was the damage or harm reasonably forseeable? (Kent)

Caparo Test: Part Two?

Is there proximity between C&D? (Bourhill & McLoughlin)

Caparo Test: What is the meaning of ‘proximity’ (Part Two)?

Closeness in terms of time, space, relationship

Caparo Test: Part Three?

Is it fair, just and reasonable to impose a duty of care? (Hill- unfair)

What did Robinson set out?

If there’s an established duty of care, there is no need to go through the Caparo Test

What is Element Two?

Breach of the duty of care

How is a breach established (Blyth)?

If a reasonable person wouldn’t have acted in the same way (an objective standard)

Who are you judged against (case examples)?

Bolan: professionals against other professionals in that trade (eg doctors)

Nettleship: learner drivers are held to standards of a qualified driver

Mullins: children are judged to a reasonable person of that age

What are risk factors?

If there’s a greater risk of harm, D needs to take greater care

Special Characteristics: Paris

Size of risk: Bolton

Adequate Precautions: Latimer

Public Benefit: Watt

What happens when D does not know about the risk?

D is unlikely to be liable (Roe)

What is Element Three?

Causation of damage

Factual Causation: The But For Test?

But For D’s actions, the end result would not have happened (Barnett)

Legal Causation: Remoteness/reasonably forseeable?

Damage/harm must not be too remote (Wagon Mound)

Injury must be reasonably foreseeable (Hughes)

What is the Egg Shell Skull Rule?

D must take their V as they find them (Blaue)

D will be liable even if V has a pre-existing condition (Smith)