Law, General Negligence Structure

What are the 5 main areas of the Negligence Structure?

Duty of Care

Breach of Duty

Damage

Defences

Remedy (Damages)

Fist Paragraph?

Duty of Care: The three part caparo test (Caparo v Dickman)

1. Foreseeability: was some damage or harm reasonably foreseeable as a result of the defendant’s actions? (Kent v Griffiths)

2. Proximity: Is there proximity between the claimant and defendant? (Bourhill v Young)

3. Policy: Is it fair, just and reasonable to impose a duty on the defendant? (Hill v C.C. West Yorkshire)

Second Paragraph?

Breach of Duty 

1. Set the objective standard of care expected (Blyth)  
   - adjust standard if required (learners (Nettleship), children (Mullins) & professionals (Bolam) 
    

2. Risk factors to determine if standard of care has been met 

• Likelihood of harm (Hayley v LEB) 

• Seriousness of harm (Paris v SBC) 

• Cost and practicality (Bolton v Stone) 

• Social benefit (Watt v HCC) 
   

Third Paragraph?

Damage 

1. Factual causation (Barnett) 
    

2. Legal causation 
   -remoteness of damage (Wagon Mound & Hughes/Bradford v Robinson) 

-intervening acts (Scott v Shepherd) 

-thin skull rule (Smith v Leech Brain) 

Fourth Paragraph?

Defences

1. Contributory negligence (Froom v Butcher/Sayer v Harlow) 
    

2. Consent (volenti non fit injura) (Murray) 

Fifth Paragraph?

Remedy (Damages) 

1. Special damages 
2. General damages

What case establishes the ‘neighbour principle’?, meaning you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour

Donoghue v Stevenson 1932

What case created the 3 part test for duty of care in novel situations, Foreseeability, Proximity and whether its fair just and reasonable

Caparo v Dickman 1990

What case established that ambulance services own a duty of care for their patients to arrive in reasonable time once a 999 call has been accepted

Kent v Griffiths 2000

Which case was it that a pregnant woman suffered shock and miscarriage after witnessing the aftermath of a motorbike accident from some distance away, and then when she sued there wasn’t a duty of care as there was insufficient proximity as she didn’t know the victim, wasn’t directly involved and wasn’t at the incident at the time?

Bourhill v Young 1943

Which case established that there is no duty of care to the general public for failing to catch an unknown criminal

Hill v Chief Constable of West Yorkshire 1989

What case establishes that police own a duty of care if their actions directly cause foreseeable harm?

Robinson v Chief Constable of West Yorkshire Police 2018

What case establishes that police owe a duty of care not to make things worse when exercising their powers?

Rigby v Chief Constable of Northamptonshire 1985

What case establishes that police owe a duty of care to protect those in their custody from self harm?

Reeves v Commissioner of Police for the Metropolis 1999

What case establishes that the fire service generally owes no duty to attend, but if they do attend they must not make the situation worse?

Capital and Counties v Hampshire CC 1997

Which case establishes that Learners are held to the standard of a competent, qualified driver and motorists owe duty to other road users. 

Nettleship v Weston 1971

Which case establishes Amateurs owe a duty of care to others but are judged against the standard of a reasonable person doing that task, not a professional.

Wells v Cooper 1958

Which case establishes that Children owe a duty of care, judged by the standard of a reasonable child of the same age.

Mullins v Richards 1998

Which case establishes the 'Bolam test': professionals are not negligent if they act in accordance with accepted professional practice.

Bolam v Friern Hospital 1957

Which case establishes that Parents (and those assuming parental responsibility) owe a duty of care to their child.

R v Gibbins & Proctor