Negligence

• Define Negligence:

  Negligence is when someone breaches a Duty of Care that leads to damages (Blyth).

  Negligence = D.O.C. + Breach of Duty + Damages
• 3 elements that need to be proved for Negligence:

  1. A Duty of Care is owed
  2. 2. Breach of Duty of Care
  3. 3. Leads to Damages
• 1. Duty of Care

  Caparo Test:

  • Harm must be foreseeable (Bourhill)
  • Proximity (Osman)
  • Fair, just and reasonable to impose liability on D? (Hill)
• 2. Breach of Duty

  • Judged against the ordinary and reasonable person (Wells)
  • Children judged against other children of same age (Mullin)
  • Professionals judged against others of same position (Bollom)
  • Learners judged against someone competent in that field (Nettleship)

  Risk Factors:

  • Special characteristics e.g. age, disability - standard of care higher (Paris)
  • Size of risk - reasonable man does not take care against small risks but does for big risk - (Bolton)
  • Practical precautions - taking reasonable precautions (Latimer)
  • Benefits of taking the risk - outcomes outweigh measures (Watt)
• 3. Damage

  The Damage caused to the C must be a result of the breach.

  1. 'But-for' test - the breach must cause the damage (Barnett)
  2. Remoteness of Damage - the damage must not be too remote (Wagon Mound)

  Thin Skull Rule - apply only if necessary - take victim as you find them (Leech Brain)