Negligence exam structure

Dont use in random order.

First stage and it’s contents

Intro:
1. Write the definition - Negligence is the breach of duty of care towards a claimant where one is owed where the claimant has suffered actionable damage. This precedent was established in Donoghue V Stevenson where it was stated that one must take reasonable care of their neighbour.

2. Link back to the case saying in this case we must evaluate whether the defendant ____ has a duty of care towards the claimant ____ and has breached it following _____.

Next stage and it’s contents

Duty of care:

If precedent already exist, follow precedent because Robinson says so. If not do the Caparo test:

1. It is foreseeable that the defendants actions or lack of action would cause harm to the claimant (Kent V Griffiths)

2. Proximity (space, time and relationship) of defendant to claimant (Bournhill V Young)

3. Fair just and reasonable to enforce a duty of care (Hill)

Next stage and its contents

Breach of duty:

1. Intro - Now we have established a duty of care we must establish a breach of this duty. A breach occurs when a person falls below the standard of a reasonable person as established in Blyth.

2. Standards of care:

Reasonable adult (Blyth)

Reasonable learner (Nettleship)

Reasonable professional (Bolam, Bolam test):

1. Did they act like a competent body?

2. Would other professionals do it?

3. Did they act reasonably/logically?

3. Risk factors:

Magnitude of risk (chance of risk happening) (Bolton)

Seriousness of Risk (Paris)

How easy were the precautions (Latimer)

Next stage and it’s contents:

Causation:

1. Factual causation - The But for test.

2. Legal causation - Ds actions would of foreseeably caused the problem. Think skull rule.

Next stage and it’s contents:

Damage:

• The claimant must of suffered personal/emotional/property damage

Next stage and its contents:

Remedies:

• Specialised damages (Pecuniary damages) - Specific measurable amount of money

• General damages (Non pecuniary damages) - Non quantifiable costs like suffering

Next section and it’s contents:

Defences:

1. Contributory negligence

2. Volenti non fit injura

Next section and its contents:

Conclusion:

Is a breach of duty of care present?