LAW Comp 2 - Negligence

What is negligence?

• Negligence is a legal term that refers to a type of contract.
• Negligence is the breach of a legal duty to take care, resulting in damage that was not desired by D

• Negligence is a synonym for intentional harm.
• Negligence is the act of taking excessive care in all situations.

What do we use if it's a novel situation?

• Caparo

• Robinson

Answer explanation

Robinson is used when theres established precedent, and said police do owe a duty to those in close proximity.

What's the 3 part test used in Robinson?

• Duty through existing established precedent of statute

• Duty by reason of anology to existing duties

• If it's a novel situation, use caparo

• Duty to those in cloxe proximity

What is the 3 part test used for Caparo

• Forseability

• Proximity (Neighbour principle)

• Is it fair, just and reasonable

• Did the defendant contribute?

Answer explanation

Kent v Griffiths (2000) Forseeable that the ambulance being delayed could someone to suffer injury

Home Office v Dorset Yacht Club (1970) - There was a relationship between the offices monitoring the boys and the yacht owner
Hill v CC of West Yorkshire - Police don't owe a duty to all victims of a crime

What does the court look at to see if there's a breach of duty? (If the defendant ____ _____ the standard

What cases are used for each standard

• Bolam

• Mullins v Richard

• Nttleship v Weston

• Blyth

• Bolton

Answer explanation

Blyth - Reasonable man
Bolam - professional
Nettleship v Weston - Learners
Mullins v Richards - Children

What are the 4 risk factors

• Magnitude of risk (Bolton)

• Seriousness of Harm (Paris v Stepney)

• Social benefit (Watt)

• Cost of Precautions (Latimer)

• Forseeability (Wilson)

Answer explanation

Bolton - Risk of injury was small so D was not negligent

Paris v Stepney - Seriousness of harm was high as D had only one eye.
Watt - Benefit outweights risk
Latimer - Precautions were taken as sawdust was put down

What are the two causation tests?

• Factual

• Legal

• Direct

• Indirect

Answer explanation

Factual - But for - C+K hospital, but for the hospital examing the man he'd have still died

Legal - Reasonably forseeable, everything else too remote (Wagon Mound)

Thin Skull rule is when you take your victim as you ____ ____

Answer explanation

Smith V Leech Brain