Negligence

Definition

Failing to do something a reasonable person would do or doing something a reasonable person would not do

Negligence Is defined in which case

Blyth

Negligence can come from…

An act or omission

For a claim in neg, C must prove on the balance of probabilities….

1. There was a duty of care owed by D

2. That D was in breach of duty

3. The damages caused was a result of the breach

1. Duty of care can be establish via…?

Precedent or statutory obligation

Case for precedent

Robinson

Types of statutory obligation

• doctor + patient

• Manufacturer + consumer

Case for doctors and patients

Bolam

Case for manufacturers and consumers

Donoghue

If there is do no existing duty of care then it is established using…

The Caparo V Dickman test

Caparo test

1. Was the damage caused reasonably foreseeable

2. Was there a relationship of proximity in terms of time, space and relationship

3. Is it reasonable to impose a duty of care

Case for harm caused was reasonably foreseeable

Kent

Cases for relationship of proximity

Mcloughin, bournhill

Case for Is it reasonable to impose a duty of care

Hill

Breach In duty determined in two ways

1. Objective test - fell below the standards of a reasonable person in that circumstance

2. Risk factors that may raise or lower the standards

Case for objective test

Blyth

Held to specialised standards in which scenarios….

1. Children

2. Professionals and armatures

Case for children

Mullins

Case for professionals

Bolam

Case for amateurs

Wells

Types of risk factors

1. Magnitude of risk

2. Cost and practicality of taking precautions

3. Seriousness of harm

4. Potential social benefits

Case for magnitude of risk

Bolton

Case for practicality of precautions

Latmier

Case for the seriousness potential harm (e.g special characteristics making harm more serious)

Paris

Case for potential public utility

WATT

C must then prove that the harm caused was….

Due to D’s breach

Cause of harm means

Factual and legal

Case for factual causation

Barnett

Legal causation is determined by

Remoteness

Damages caused cannot be too remote meaning..

Damage as a result of D’s breach was reasonably foreseeable

Case for legal causation

Wagon Mound No1

Case for intervening acts

Knightley

Case thin skull rule

Smith