Negligence (cases)

Donoghue v Stevenson (1932)

Created the neighbour principle

Caparo v Dickman (1990)

Created the three part test

Kent v Griffiths (2000)

Duty of care is owed if harm/damage is reasonably foreseeable

Bourhill v Young

There needs to be a proximate relationship (Not present)

McLoughlin v O’Brien

There needs to be a proximate relationship (Was present)

Hill v CC of W Yorkshire

Must be fair, just, and reasonable to impose a duty of care

Robinson v CC of W Yorkshire

Caparo test does not need to be used in cases where a duty of care has been established in prev. similar cases

Vaughan v Menlove

established the ‘reasonable person’ standard in breach of duty

Bolam’s case

Professionals are judged by whole profession

Nettleship v Weston

Learners are judged by standard of the competent, more experienced person

Mullin v Richards

Children should be judged by a reasonable person of D’s age

Paris v Stepney BC

D should take greater care if they know C has special characteristics

Bolton v Stone

The smaller the risk, the less precaution needed

Haley v LEB

The bigger the risk, the more precaution needed

Latimer v AEC Ltd

D needs to take all appropriate precautions

Roe v Minister of Health

There can be no breach of duty if the risk wasn’t known of at the time

Watt v Hertfordshire CC

Greater risks and less precautions need to be taken during emergencies (W)

Day v High performance sport

Greater risks and less precautions need to be taken during emergencies (D)

Bamett v Chelsea and Kensington Hospital

Factual causation and 'but for" test

McKew v Hollands

Intervening act - an act of the claimant caused the latter injury so D is only liable for the original injury.

Carslogie Steamship Co v Royal Norwegian Government

Intervening act - an act of nature caused further damage so D only liable for original damage.

Knightly v Johns

Intervening act - act of a third party caused the injury not D's original action.

The Wagon Mound

The damage must not be too remote from the negligence

Hughes v Lord Advocate

The type of injury must be reasonably foreseeable

Bradford v Robinson Rentals

Although very unusual, some injury was reasonably foreseeable

Doughty v Turner Asbestos

The reasonably foreseeable injury must be scientifically known

Smith v Leech Brain

D must taken their victim as they find them -

'eggshell skull' rule