liability in negligence

    Cards (8)

    • 🏚️ damage to property
      • covers physical damage to land, buildings, vehicles and possessions
      • must be tangible and measurable damage
      📖 Spartan Steel V Martin = loss of metal was recoverable
    • 🛡️ defences to negligence
      1. contributory negligence (📖 - Sayers V Harlow)
      2. volenti non fit injuria (📖 - Morris V Murray)
      3. illegality
    • 🔸 define negligence
      careless or reckless behavior causes injury or loss to another
    • 🔑 key requirements
      1. duty of care
      2. breach of duty
      3. causation and remoteness
    • 1️⃣ duty of care
      • defendant must owe a legal duty to the claimant
      📖 Donoghue V Stevenson = neighbour principle
      • foreseeability of harm, proximity, fair just and reasonable to impose duty
      📖 Caparo V Dickman
    • 2️⃣ breach of duty
      • defendant fails to meet the standard of care of a reasonable person
      📖 Blyth = doing something a prudent person wouldn't do
      📖 Bolam = professionals are judged by competent standards
      • consider likelihood of harm (📖 - Bolton V Stone), seriousness of harm (📖 - Paris V Stepney), cost of precautions (📖 - Latimer)
    • 3️⃣ causation & remoteness
      • factual = but for test (📖 - Barnett)
      • legal = harm must be foreseeable (📖 - Wagon Mound)
      📖 Smith V Leech Brain = apply thin skull rule
    • 🤕 injury to people
      • personal injury can be physical or psychiatric
      • proven with medical evidence
      📖 Paris = failure to provide goggles caused eye injury