Negligence and Duty of Care in Tort Law

This set of flashcards covers key terms and concepts related to negligence and duty of care in tort law, extracted from the lecture notes.

Donoghue v. Stevenson

A landmark case that established the general test for the duty of care in negligence, introducing the 'neighbour principle'.

Neighbour Principle

The principle stating that individuals have a duty of care towards those who are closely and directly affected by their actions.

Negligence

The failure to exercise reasonable care in a way that results in harm or injury to another person.

Duty of Care

The legal obligation to act in a manner that avoids causing harm to others.

Lochgelly Coal Co Ltd v McMullan

A case that established that employers have a responsibility to foresee potential risks and protect their employees.

Foreseeability Test

A test to determine whether a reasonable person could have predicted that their actions might cause harm.

Breach of Duty

Occurs when someone fails to meet their obligation to act responsibly, leading to harm.

Causation in Fact

The direct link between an action and its consequences; establishes whether an action caused harm.

Remoteness of Damage

The principle that limits liability for damages to those that are a reasonably foreseeable consequence of the actions.

Caparo Test

A tripartite test for establishing a duty of care, involving foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty.

Bourhill v Young

A case that clarified the limits of the neighbour principle, emphasizing that duty of care is owed only to those who can be reasonably foreseen as affected.

Anns v Merton London Borough Council

A case that established a two-stage test for determining the existence of a duty of care, later criticized for its broad application.

Hedley Byrne & Co Ltd v Heller & Partners Ltd

A case that introduced the concept of a 'special relationship' as criteria for establishing duty of care in negligence.

McDonald's Hot Coffee Case (Liebeck v. McDonald's Restaurants)

A case that underscored the duty of care owed by companies regarding the safeness of their products.