Duty of Care
Donoghue and Stevenson
What is the case that establishes we owe a duty of care to see no one comes to harm as a result of our acts or omissions?
The objective standard used to determine whether a breach has occured.
What is the case of Blythe v Birmingham Waterworks Co used for?
Factual and Legal
What are the two types of causation that need proving for damage to be proven?
The two courts in which cases of negligence are heard?
What are the County Court and High Court?
The three constituent elements of the Tort of negligence?
What are Duty of Care, Breach and Damage?
See if there is an existing precedent, check whether there is a statutory authority, use reason by analogy.
What are the three stages of the Robinson test?
Nettleship v Weston
Which is the case that a learner driver must meet the same standard as a reasonable driver?
Barnett v Chelsea and Kensington Hospital Management Committee.
What is the case used for proving factual causation involving arsenic poisoning?
Written evidence or witness testimony heard by a single judge?
How is a case of negligence decided?
The money awarded to a claimant for the harm to them or the damage to property.
What is compensation or compensatory damages?
Which precedent case can be used to show that parents (or those in loco parentis) owe a duty of care to children.
The case that shows a factor that will vary the standard is the defendant's age?
What is the case of Mullin v Richards?
Cork v Kirby McLean
What case involved a breach by the employer that was the factual cause of the death of an painter and decorator who suffered from epilepsy?
The two parties who are involved in a case of negligence.
Who are the defendant and the claimant?
The claimant
Who must prove to the court that negligence has occured?
Jolley v Sutton
Which case establishes that owners of land or property need to ensure no-one comes to harm?
Bolton v Stone
What is the case involving a cricket ball hitting the defendant and is used to show that the size or seriousness of the risk will vary the standard?
A case involving an oil spillage and damage to a ship that is the test for remoteness of damage and whether the loss is reasonably foreseeable?
What is the Wagon Mound No 1?
The burden of proof that needs to be met in a negligence case.
What is On balance of proability?
A factor that reduces the required standard if there is some good in taking the additional risk.
What is social utility.
The two pieces of legislation that impose a statutory duty on owners of land to protect lawful and unlawful visitors?
What are The Occupiers Liability Act 1957 and The Occupiers Liability Act 1984?
The seven factors that will vary the standard when assessing whether a breach has occured.
What are defendant's age, defendant's profession, engaging in sports, special characteristics, size of risk, practicality of precautions and social utility?
A legal principle from the case of Smith v Leech Brain that shows the defendant will be liable for any harm caused to the victim?
What is the Eggshell or thin skull rule?
The Supreme Court.
Which is the highest legal decision making court in the United Kingdom?
The class of animals that snails belong to.
Gastropoda