Negligence

• Definiton

  Compensating people who have suffered damage due to carelessness of others.

  Defined in Blyth v Birmingham as, failure to do something which the reasonable person would do. or doing something the reasonable person would not do
• Step 1

  *Mention that it is up to claimant to prove on a balance of probabilities each of the 3 elements making up negligence

  *Duty of care was owed

  *Care was breached

  *Caused damage
• Step 2

  Duty of care

  Does the relationship between C+D fall into an established duty of care situation or similar to existing precedent = Robinson approach

  Novel situations = Caparo test:

  *Was the harm reasonably foreseeable

  *Suffient proximity in time, space (relationship between c+d)

  *Is it fair and reasonable
• Step 3

  Breach of duty

  *Explain the reasonable persons test (Blyth v Birmingham water works) and when Ds charictoristcs may or may not be taken into account(child, professionals amateurs etc) (Nettleship)

  *Should the standard of care be lowered due to risk factors e.g, probability of harm (Latimer)
• Step 4

  Damage

  *Factual causation- but for (Barnett v Chelsea)

  *Intevening acts (Knightley v Johns)

  *Remoteness (wagonmound)

  *Does thin skull rule apply (smith v leech brain)
• Defences

  Contributory negligence- Was C partly to blame

  Consent- Did C consent or agree to risk of harm
• Remedies

  Special damages- Pre-trial expenses, loss of property(destroyed damaged)

  General damages- Loss of amenity, specific injuries, pain and suffering

  Mitigation of loss- Keep their loss to a reasonable level