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negligence definition
a tort (civil wrong) which allows someone to claim for compensation if they have been injured or if their property has been damaged by someone else who has a duty to take care of them
what are the three elements of negligence?
A duty of care must be owed by the defendant to the claimant
The duty must be breached (broken) by the defendant
The broken duty must have caused the damage or injury
Which case sets out the three elements of negligence?
Donoghue V Stevenson
What is the case that sets out Duty of Care?
Robinson v CC West Yorkshire Police
What is the rule for the Robinson case?
If ther is an existing similar case or Act of Parliament, that case must be followed but if there is not an existing case or Act of Parliament, then the test in Caparo v Dickman must be followed
What are the duty of care relationships?
employer - employee
doctor - patient
driver - pedestrian, passenger, or other road users
rescue service - patient
reasonable man definition
someone who is sensible when doing something which carries a risk of some kind
what is the case for the reasonable man test?
Wells v Cooper
what are the four risk factors?
special characteristics
risk of harm
social usefulness
taking precautions
which are the three different tests for other categories of people?
professionals
learners
children
what are the two types of causation?
factual causation
legal causation
what test does factual causation use?
it uses the “but for” test
what is the “but for” test?
“but for the defendant’s act or omission, would the injury or loss have occurred?”
what is an interviening act?
something that can happen that will break the link between the defendant’s act and the claimant’s injury. this can break the chain of causation.
what is legal causation?
it shows that the harm or injury caused was reasonably forseeable
what is the Thin Skull Rule?
it allows the court to take into account any sensitivity the claimant may have
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