negligence

• negligence = failing to do something which the reasonable person would do or doing something which the reasonable person would not do (Blyth v Birmingham Waterworks)
• introduced negligence - 'The Neighbour Principle' - you must take reasonable care not to injure your neighbour (Donoghue v Stevenson)
• modern three part test to decide whether a duty of care exists in situations where there is not precedent of a duty of care (Caparo v Dickman)
• three part test (Caparo v Dickman)

  • it was reasonably foreseeable that a person in the claimants position would be injured
  • there was sufficient proximity between the parties
  • it is fair, just and reasonable to impose liability on the defendant
• must be foreseeable that the claimant would suffer harm 'reasonably forseeable' (Kent v Griffiths)
• must be sufficient proximity between the parties. time, space, relationship (Bourhill v Young)(McLoughlin v O'Brien)
• must be fair, just and reasonable to impose duty of care (Hill v Chief Constable of West Yorkshire)
• the Caparo test only needs to be applied in novel situations (Robinson v Chief Constable of West Yorkshire Police)