tort negligence

• What is negligence?

  Failure to take reasonable care causing injury
• What must a claimant prove to win a negligence case?

  Legal duty, breach, and resulting loss
• What is the first point to establish in a negligence case?

  Establish a duty of care
• How has the duty of care developed?

  Through judge-made decisions
• What case established the neighbour principle?

  Donoghue v Stevenson 1932
• What was the issue in Donoghue v Stevenson?

  Decomposed snail in ginger beer
• What did Lord Atkin state about the duty of care?

  You must take reasonable care to avoid harm
• Who is considered a neighbour-in-law?

  Persons closely affected by one's actions
• What duty situations were established by Donoghue v Stevenson?

  • Manufacturer - consumer
  • Employer - employee
  • Doctor - patient
  • Road user to road user
  • Teacher - student
• What criticism has been made about the neighbour principle?

  It is considered too wide
• What case changed the approach to establish duty of care?

  Robinson v CC West Yorkshire Police 2018
• What happened in Robinson v CC West Yorkshire Police?

  Police found liable for injuries to a woman
• What was the previous 3-step test for establishing duty of care?

  Follow precedent, use analogous cases, Caparo test
• What is the first step in the current law for establishing duty of care?

  Follow precedent if possible
• What is the second step if there is no precedent?

  Use analogous (similar) case law
• What is the third step for novel cases?

  Follow the Caparo test
• What case established the duty of care between doctor and patient?

  Barnett v Chelsea Hospital
• What was the ruling in Darnley v Croydon Health Services?

  Duty of care to provide accurate information
• What standard was applied in Darnley v Croydon Health Services?

  Standard of an averagely competent person
• What are the three parts of the Caparo test?

  1. Reasonably foreseeable damage
  2. Sufficient proximate relationship
  3. Fair, just, and reasonable
• What case illustrates foreseeability in negligence?

  Jolley v Sutton London Borough Council
• What was the issue in Kent v Griffiths 2000?

  Ambulance delayed causing patient harm
• What was the outcome of Bourhill v Young 1943?

  No foreseeable harm for the claimant
• What was the ruling in McLoughlin v O’Brian 1983?

  Claimant entitled to recover for psychological injury
• What is the policy test in negligence cases?

  • Courts avoid excessive litigation
  • Protect large categories of people from claims
• What case involved the Hillsborough disaster?

  Alcock v CC South Yorkshire Police 1991
• What was the outcome of Hill v CC West Yorkshire Police 1988?

  No duty of care owed to the mother
• What must be proven to establish a breach of duty?

  Degree of risk, seriousness of injury, cost of precaution
• What does the court consider regarding the degree of risk?

  Likelihood of harm occurring
• What was the ruling in Roe v Minister of Health 1954?

  No breach due to unknown risk
• What was the outcome of Bolton v Stone 1951?

  No liability due to low risk
• What was the ruling in Haley v London Electricity 1965?

  Breach of duty due to foreseeable risk
• What does the magnitude of likely harm refer to?

  Greater standard of care for vulnerable claimants
• What was the ruling in Paris v Stepney Borough Council 1951?

  Higher duty of care owed to vulnerable employees
• What does the cost and practicality of preventing risk consider?

  Steps to limit risk to neighbours
• What was the outcome of Latimer v AEC Ltd 1953?

  No breach due to practical precautions taken
• What was the ruling in Daborn v Bath Tramways 1946?

  Benefit to society outweighed the injury
• How do courts treat learners and professionals?

  Ignore lack of experience for learners
• What was the ruling in Nettleship v Weston 1971?

  Learner driver judged as a qualified driver
• What was the ruling in Wilsher v Essex Area Health Authority 1987?

  Junior doctor judged against experienced standards