Tort law

Lord Atkinsons neighbour principle + Donoghue V Stevenson

• duty

You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour

Robinson V CCOWY

• duty

First thing court must consider is whether a precedent can be applied to establish whether a duty of care was owed

• Applying this principle…..

Caparo test

• duty

1. reasonably foreseeable

   • Brannan V Airtours: If the RP objectively would foresee the risk of what happened then the D would be expected to foresee it

2. proximity

   • Swiney v CCON: Only satisfied where the RP in the D’s position would reasonably foresee who their negligent acts may affect

3. A decision will be allowed on grounds of policy where a judge is able to deny a claim if its not just and reasonable

Blyth v Birmingham Waterworks

• breach - risk factors

A person is regarded as negligent if he fails to reach the standard of conduct that a reasonable man would reach

Roe v Minister of Health

• breach - risk factors

There is no breach of duty when the risk is not foreseeable

Bolton v Stone

• breach - risk factors

The more likely it is that harm will occur the more caution is necessary

• Applying this principle…

Paris v Stepney Borough Council

• breach risk factors

If the claimant has any special char to be taken care of, and if the conseq will be very serious if the risk materialised, the D is expected to take extra care

Barnet v Chelsea hospital

• damage

To establish factual causation, we have to consider whether the claimant would have suffered the damage ‘but for’ the D’s negligence

• Applying this principle…

McGhee v NCB

• damage

If the D’s actions materially increased the risk of harm suffered, they will be liable

• Applying this principle….

Wagon Mound

• damage

In order to satisfy legal causation, the harm suffered by the claimant must be reasonably foreseeable and not too remote a conseq in the actions of the D

• Applying this principle…

Smith v Leech Brain

• damage

The eggshell rule is the principle that “you must take your victim as you find him

• Applying this principle…

Mckew v Holland

• damage

The claimant own actions can break the chain of causation

• Applying this principle…

Wheat v Lacon 66

whoever has a sufficient degree of control over the premises

Latimer v AEC

• breach - risk factors

The risk involved is balanced against the cost of taking precautions