Negligence

• What is the primary purpose of civil law?


  To settle disputes between individuals and/or businesses
• Who is referred to as the claimant in a civil law case?


  The person bringing the claim to court
• In a civil law case, who is the defendant?


  The person who the claim is against
• What is the citation format for civil law cases?


  Individual v Individual (Date)
• What was the significance of the case Donoghue v Stevenson (1932)?


  It established the principle of negligence despite the absence of a legal contract
• What happened in the case of Donoghue v Stevenson?


  Ms Donoghue drank ginger beer that contained a decomposing snail and fell ill
• What is required to establish a duty of care in negligence cases?


  A legal relationship must exist between the defendant and the claimant
• What was the outcome of Robinson v CC of West Yorkshire (2018)?


  The police were held liable for the injuries caused to the claimant
• What is the incremental test for establishing a duty of care?


  It assesses if there is an established relationship, analogous duty, and if it is fair, just, and reasonable
• What was the outcome of Kent v Griffiths (2000)?


  A duty of care was owed by the ambulance service
• What constitutes a breach of duty in negligence cases?


  The defendant has fallen below the expected standard of care
• How is the expected standard of care defined according to Blyth v Birmingham Waterworks Co (1856)?


  It is the omission to do something a reasonable person would do or doing something a reasonable person would not do
• In what case was it determined that lack of skill or inexperience is disregarded in determining breach of duty?

  Nettleship v Weston (1971)
• What was the outcome of Mullins v Richard (1998)?


  The defendant was not in breach of her duty of care
• How is the standard of care determined for professionals according to Bolam v Friern Hospital (1957)?


  They are compared to the standard of the reasonable professional
• What was the significance of Montgomery v Lanarkshire (2015)?


  The doctor was found negligent for not informing the patient of risks
• What factors are considered when determining the reasonable standard of care?

  Degree of foreseeability, likelihood of harm, severity of harm, burden of eliminating risk, and importance of activity
• What does the foresight of risk entail in negligence cases?


  The standard of care is based on what a reasonable person would have foreseen
• What was the outcome of Roe v Minister of Health (1954)?


  The defendant was not liable as the risk was unforeseeable
• How does likelihood of harm affect breach of duty?


  If harm is likely, the defendant is likely to be in breach
• What was the outcome of Bolton v Stone (1951)?


  The defendant was not in breach due to the small risk of harm
• What was the outcome of Miller v Jackson (1977)?


  The defendant was in breach due to the likelihood of harm
• What does the severity of harm refer to in negligence cases?


  It refers to the seriousness of potential injury or death
• What was the outcome of Paris v Stepney (1951)?


  The defendant was in breach due to the known increased risk of harm
• What is expected of defendants regarding reasonable precautions?


  They must take cost-effective and reasonable precautions
• What was the outcome of Latimer v AEC Ltd (1953)?


  The defendant was not in breach as they took reasonable precautions
• What does social utility refer to in negligence cases?


  It refers to the benefit of the defendant's actions to society
• What was the outcome of Watt v Hertfordshire CC (1954)?


  There was no breach of duty due to the emergency situation
• What was the outcome of Tomlinson v Congleton BC (2004)?


  There was no breach of duty as the social utility outweighed the risks
• What must be established to prove causation in negligence cases?


  The defendant must be the factual and legal cause of the injuries
• What test is applied to establish factual cause in negligence cases?


  The 'but for' test is applied
• What must not occur to maintain the chain of causation?


  No intervening acts must break the chain of causation
• What was the outcome of Barnett v Chelsea and Kensington Hospital (1969)?


  Details of the case are incomplete in the provided material
• What was the cause of the woman's severe injuries in the accident involving the lorry?


  The jack fell onto the claimant's leg.
• What was the fire services' primary task at the scene of the accident?


  To release the woman trapped underneath the lorry.
• Why was there no breach of duty in the case of the lorry accident?


  The emergency situation and the utility of saving a life outweighed the need for precautions.
• What did the council do to prohibit swimming in the lake in Tomlinson v Congleton BC?


  They enforced warning signs, leaflets, and patrols.
• What was the claimant's argument in Tomlinson v Congleton BC?


  That the council should have made the water less accessible to swimmers.
• Why did the court hold that there was no breach of duty in Tomlinson v Congleton BC?


  The social utility of the public using the lake outweighed the risks involved.
• What must be established for causation in negligence cases?


  D must be the factual and legal cause of the injuries.