KEY TERMS
What is the legal concept where an intervening act breaks the chain of causation?
Novus actus interveniens.
What test is used to establish a duty of care?
The foreseeability test
What is the standard of care used to determine breach of duty in negligence?
The standard of a "reasonable person."
What test is used to establish factual causation?
The "but for" test.
What is the general rule regarding recovery for pure economic loss in negligence?
Pure economic loss is generally not recoverable.
What is the defence where the claimant is partly responsible for the harm they suffered?
Contributory negligence.
What are the three stages of the Caparo test for duty of care?
Foreseeability, proximity, and it must be fair, just, and reasonable to impose a duty.
In which case was it established that an employer must take into account an employee’s known vulnerabilities when assessing breach of duty?
Paris v Stepney Borough Council.
In which case was the “but for” test established?
Barnett v Chelsea & Kensington Hospital Management Committee (1969).
Which case is a key authority for the general rule that pure economic loss is not recoverable?
Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd
What is the legal term for a statement made which is relied on by another party to their disadvantage.
Negligent misstatement
In negligence, what term is used to describe the relationship between the parties that creates a duty of care?
Proximity.
The greater the likelihood that the defendant’s conduct will cause harm, the greater the amount of caution required of him.
Name the case involving injury caused by cricket balls that demonstrated this point.
Bolton v Stone
True or False: the harm which was foreseeable must be of the same kind, type and class as that which actually occurred.
True
What must be proven to establish a "special relationship" for negligent misstatement claims?
A relationship of proximity, reliance by the claimant, and that the defendant voluntarily assumed responsibility.
What is the translation for “res ipsa loquitor”?
The facts speak for themselves
In which case was it ruled that a duty of care is owed by manufacturers to consumers, even without direct contractual relationships?
Donoghue v Stevenson
What factors are considered when determining if a defendant breached their duty of care?
likelihood of harm, seriousness of injury risked, importance or utility of d’s conduct and cost and practicability of measures to avoid the harm.
This principle states that a defendant is not liable to compensate the plaintiff for any extra damage he suffers because of his own poverty.
Plaintiff’s impecuniosity
In which case did the courts recognize a duty of care for negligent misstatements that cause economic loss?
Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964)
What term describes the principle that a defendant is only liable for harm that is a foreseeable result of their actions?
Remoteness of damage.
True or False: A duty of care is owed in all situations.
False. A duty of care depends on the circumstances and the Caparo test.
This landmark case established the "reasonable person" standard used to determine breach of duty in negligence cases.
Blyth v. Birmingham Waterworks
Which case established the principle that a defendant is only liable for the type of damage that is reasonably foreseeable, even if the extent of the damage is greater than expected?
The Wagon Mound (No. 1).
What is the significance of White v Jones (1995) in terms of economic loss?
The case recognized that a solicitor could be liable for economic loss to third parties (beneficiaries) in certain circumstances.