NEGLIGENCE - PAUL

covers the negligence topic in tort law

What is a tort?

A civil wrong

What is negligence?

Where a person is injured or their property is damaged as a result of an act or omission

How can negligence be defined?

‘failing to do something which the reasonable person would do or doing something which the reasonable person would not do’

Which case defines negligence?

Blythe V Birmingham Waterworks (1856)

What is a duty of care?

When there is a legal relationship between the parties (C&D)

What case defines a duty of care?

Donoghue V Stevenson (1932)

What case established the 3 part test for novel situations?

Caparo V Dickman (1990)

What is part A of the 3 part test?

Was damage or harm easily foreseeable?

What case demonstrates damage or harm having to be reasonably foreseeable?

Kent V Griffiths (2000)

What is part B of the 3 part test?

Is there a close relationship between C & D?

Which case demonstrates the closeness of the relationship between C & D?

Bourhill V Young (1943)

What is part C of the 3 part test?

Is it fair, just and reasonable to impose a duty of care?

Which case demonstrates that courts may find it is NOT fair, just and reasonable to impose a duty of care?

Hill V Chief Constable of West Yorkshire Police (1990)

Which case demonstrates that courts may find it IS fair, just and reasonable to impose a duty of care?

McLoughlin v O’Brien (1982)

If the case is not a novel situation, which case do we refer to?

Robinson (2018)

What case is used under duty of care to show objectively how a reasonable person should perform?

Vaughan V Menlove (1837)

What is part 1 to causation?

That damage was caused by the breach of duty. Includes factual(no intervening acts) and legal(but for) causations

What is part 2 to causation?

Loss or damage wasn’t too remote. Looks at being reasonably foreseeable and the egg-shell skull rule

What case links to factual causation?

Barnett V Chelsea and Kensington Hospital (1969)

What case links to legal causation?

an act of the claiment - McKew v Hollands (1969)

an act of nature - Carslogie Steamship v Norway gov (1952)

a 3rd party - Knightly v Johns (1982)

What case links to damage or loss wasn’t too remote?

The wagon Mound (1961)

What case relates to an injury being reasonably foreseeable?

Hughes V Lord Advocate (1963)

Bradford V Robinson Rentals (1967)

Doughty V Turner Asbestos (1964)

What case represents the egg-shell skull rule?

Smith V Leech brain (1962)

What case should be used when a professional duty of care is involved?

Bolam’s case (1957)

What case should be used when a D, who is a learner/inexperience, is involved?

Nettleship v Weston (1971)

What case should be used when children/young people are the defendants?

Mullin v Richards (1998)

What case should be used when the claimant has special characteristics?

Paris v Stepney BC (1951)

What case should be used when the risk is small?

Bolton v Stone (1951)

What case should be used when the risk is large?

Haley v LEB (1965)

What case should be used when a company has to weigh taking necessary precautions and the cost to do so?

Latimer v AEC Ltd

What case should be used when the risk was not known at the time?

Roe v Minister of Health (1954)

What case should be used when the act or omission was taken during an emergency?

Watt v Hertfordshire CC (1954) - AND/OR - Day v High performance Sport (2003)

What is Contributory negligence as a defence?

When C has partially caused or contributed to their injuries (only a partial defence for D)

What is a case for reductions in contributory negligence?

Sayers V Harlow DC (1958) - damages can be reduced according to the extent or level to which C had contributed to their own harm.

What case can be used if there can be a 100% reduction in the damages?

Jayes V IMI (kynoch) (1985)

What is Consent as a defence?

When C has consented/agreed to accept the risk of harm (this is a full defence for the defendant)

What does D have to do to succeed in using consent as a defence?

D has to show

• knowledge of a precise risk involved

• exercise of free choice by the claimant

• a voluntary acceptance of the risk

What cases can be used when D is asked to show knowledge of precise risk involved?

• Stermer V Lawson (1977)

• Sidaway (1985)

What case can be used when D has to show C exercised free choice?

Smith V Baker (1891)

What case can be used when D has to show C had a voluntary acceptance of the risk?

• Haynes V Harwood (1953)

• Ogwo V Taylor (1987)

What are the 2 possible remedies in tort law?

1. Monetary compensation

2. Court orders & self help

What is monetary compensation?

financially place the claimant in a position they were in before the tort happened.

What is pecuniary loss/special damages?

Losses that can be easily calculated with money. eg, cost of hiring a car or loss of earnings

What are non-pecuniary losses/general damages?

Not money based or quantifiable. eg, pain and suffering or loss of amenity (sport)

What is the claimants dutt during finding a remedy?

to mitigate losses - C is expected to take reasonable steps to keep losses to a minimum while a remedy is underway.

What are the 2 kinds of court orders/self helps offered to C?

• injunctions

• abatement

What is an injunction?

‘an order to stop’ - requires the defendant to stop committing their nuisance.

What is abatement?

‘self-help’ remedy - when the claimant can take steps themselves to remove the nuisance.