negligence

• Steps for negligence


  1. Duty of care

  2. Breach of duty

  3. Damage and causation
• Donoghue v Stevenson


  Neighbour principle
• Robinson


  Duty of care already exists
• Caparo v Dickman


  1. Reasonably foreseeable harm (Kent v Griffiths)

  2. Proximate relationship (Bourhill v Young)

  3. Fair, just and reasonable to impose a duty (Hill v CC West Yorkshire)
• Bolam


  Professionals:

  1. Did D's conduct fall below the standard of the ordinary, competent member of that profession?

  2. Is there a substantial body of opinion within the profession that would support the defendant's conduct?
• Mullins v Richards


  Children are compared to a child of the same age
• Nettleship v Weston


  Learners are held to the standard of the more competent
• Latimer


  Appropriate precautions
• Bolton v Stone


  Size of risk
• Roe v Minister of Health


  Unknown risk
• Paris v Stepney Borough Council


  Special characteristics
• Watt v Hertfordshire County Council


  Public benefit
• Barnett


  Factual causation, 'but for' test
• Wagon Mound


  Remoteness of damage
• Hughes v Lord Advocate


  Type of injury foreseeable
• Smith v Leech Brain Co

  Eggshell rule
• Defences to negligence


  Consent, contributory negligence