Negligence

• What is the duty of care in legal terms?

  Responsibility to avoid harm to others
• What must the damage be in a duty of care case?

  Reasonably foreseeable
• What is the relationship of proximity in duty of care?

  It refers to the closeness between parties
• What three qualities must the duty of care meet?

  Fair, just, and reasonable
• Who held that the caparo test should only be used where existing principles cannot provide an answer?

  Robinson v Chief Constable of West Yorkshire
• When should the caparo test be applied?

  When existing principles cannot provide an answer
• What is the standard of care expected in duty of care cases?

  That of a reasonable person
• What does the Bolam test assess?

  Standard of care in professional negligence
• How does the Bolam test differ from the reasonable person standard?

  Bolam considers professional standards, while reasonable person does not
• What is the standard of care in Bolam v Friern Hospital Management Committee?

  Professional standard of care
• What is the significance of the Montgomery v Lanarkshire Health Board case?

  It established informed consent in medical treatment
• What does the term 'proximity' refer to in duty of care?

  The closeness of the relationship between parties
• What is the standard of care expected from a medical professional?

  That of a competent professional in the field
• How does the standard of care change based on the context of the situation?

  It varies based on the specific circumstances
• What is the role of foreseeability in duty of care?

  It determines if harm was predictable
• How does the standard of care differ for professionals compared to laypersons?

  Professionals are held to a higher standard
• What is the outcome if a duty of care is breached?

  Liability for damages may arise
• What does the term 'causation' refer to in legal terms?

  The link between breach and harm caused
• What is the significance of the term 'damages' in legal cases?

  Compensation awarded for harm suffered
• What types of damages can be awarded in negligence cases?

  Compensatory and punitive damages
• How do courts determine the amount of damages to award?

  Based on the extent of harm and losses
• Why is it important to establish a duty of care?

  It is essential for proving negligence
• How is the standard of care judged in professional negligence?

  By the standard of a reasonable child
• What are the cases for breach of duty in professional negligence?

  • Bolam test applies to professionals
  • Standard is lower if judged by reasonable child
  • Cases for breach of duty must show negligence
• What is the significance of the Bolam test?

  It applies to professionals' standard of care
• What are the two key elements required to establish damage in professional negligence?

  1. Damage must be caused by the breach
  2. Damage must be foreseeable
• What does the Wagon Mound case illustrate about damage in negligence?

  Damage must be foreseeable to be compensable
• What was the outcome of the Wagon Mound case regarding oil leaks?

  Ship leaked oil causing a fire
• What is required for damage to be considered actionable in negligence cases?

  It must be caused by the breach of duty
• How does the concept of foreseeability relate to professional negligence?

  Foreseeability determines if damage is compensable
• What does the term 'remote negligence' refer to?

  Negligence that is not directly connected to damage
• What is the role of the employer in cases of professional negligence?

  Employers must ensure proper care is provided
• What is the implication of failing to examine a patient in professional negligence?

  It can lead to claims of negligence
• What must be established in cases of damage caused by negligence?

  That the breach caused the damage
• What does the term 'causation' refer to in negligence cases?

  Link between breach and resulting damage
• How does the concept of 'duty of care' relate to professional negligence?

  Professionals owe a duty of care to clients
• What is the significance of the case Barnett v Chelsea & Kensington Hospital?

  It established causation in negligence
• What must be proven in Barnett v Chelsea & Kensington Hospital?

  That the hospital's negligence caused death
• What does the term 'foreseeable damage' imply in negligence cases?

  Damage that a reasonable person could predict
• What is the outcome of failing to provide adequate care in professional settings?

  It can lead to professional negligence claims