Torts - Negligence

Four key components to a claim in negligence

Duty of care, breach, causation, damage

3 factors of the “novel duty” test

Reasonable forgeability, proximity, policy

Which element of the duty of care test was established in Donoghue v Stephenson

Reasonable forceeability

What are the 4 advanced duty categories?

Mental Injury, 3rd party duty, negligent misstatement, defective buildings

What is requirement for negligence claims consequent on mental injury? (hint: RPI)

Recognised Psychiatric Injury/illness

3 factors necessary when testing proximity for secondary victims of mental injuries caused by accidents

Proximity of relationship, time and space, and perception

What did Dorset Yacht establish was required for 3rd party liability?

Damage must be highly likely, not just foreseeable

What the difference to the test for 3rd party liability?

Mere forgeability is not sufficient

What is the additional proximity test for 3rd party liability cases?

Specific and obvious risk (from Couch)

Elements of proximity test for cases of reliance on negligently made statements

Statement required for purpose, it will be communicated to advisee and relied on without independent inquiry, to their detriment

Factors assessed for breach section (whether defendant took reasonable care)

Seriousness of risk, consequences, burden of preventing harm, social utility of action

Causation test (in fact)

but for the defendant’s failure to exercise reasonable care, would the plaintiff have suffered the harm?

Salmond test for application of Vicarious Liability

VL applies for acts authorised by the employer or acts inestricably connected with authorised acts