-
(1) Duty of Care
-
Neighbourhood
Principle
- Donoghue v Stevenson [CL]
- R care to avoid acts or omissions // R foresee likely to injure N //
N = closley & directly affected // Ought to have in my contemplation
-
3-Part Test
- Caparo v Dickman [DF]
-
Foreseeability
- Kent v Griffiths [CL]
- OTHER CASE NEEDED
-
Proximity
- Needed in SPACE, TIME and RELATIONSHIP
- Bourhill v Young [DF]
- McLoughin v O'Brien [CL]
-
Just, Fair & Reasonable
- Hill v Chief Constable of West Yorkshire [DF]
- Reeves v MPC [CL]
- Orange v Chief Constable of West Yorkshire
-
(2) Breach of Duty
-
Reasonable Man
-
Ordinary Person
- Wells v Cooper [DF]
-
Learner / Trainees
- Nettleship v Weston [CL]
-
Professional
- Bolam v Friern Hospital Management Committee [DF]
- Bolitho v City & Hackney Health Authority [DF]
-
Young People
- Mullin v Richards [DF]
-
Special Factors
-
Special Characteristics
- Paris v Stepney Borough Council
-
Size of Risk
- Bolton v Stone [DF]
-
Practical Precautions
- Latimer v AEC [DF]
- See Also: Bolton v Stone [DF]
-
Benefits / Importance
of Taking Risk
- Watt v Hertfordshire County Council [DF]
-
(3) Causation
-
Factual
-
'But For' Test
- Barnett v Kensington Hospital Management [DF]
-
Legal
-
Thin Skull Rule
- Smith v Leech Brain [CL]
-
Novus Actus Interveniens
- Smith v Littlewoods [DF]
-
Multiple Causes
- Fairchild v Glenhaven Funeral Services [CL]
-
(4) Remoteness
of Damage & BoP
-
Remoteness of Damage
-
Remoteness test
- Foreseeable consequence
- Wagon Mound [DF]
-
The kind / form of damage
must be foreseeable
- Bradford v Robinson Rentals [CL]
- Hughes v Lord Advocate [CL]
-
Burden & Standard
of Proof
-
Burden & Standard of Proof
- On the balance of probabilities - it must be 'more likely than not'
-
Res Ipsa Loquitur
- The acts speak for themselves, no burden of proof needed
-
PROCESS
- (1) Was the thing under D's control? (If yes, proceed)
- (2) Could the accident have happened without negligence? (If no, proceed)
- (3) Is there any other explanation of the injury
inflicted upon the claimant? (If no, D is liable)
-
Civil Courts & Damages
-
Damages
-
Special Damages
- BEFORE Court Case
-
EXAMPLES
- Emergency medical treatment, Immediate loss of work (i.e. from sick leave),
Repair of damage e.g. of car
-
General Damages
- DURING Court Case. Difficult - guidelines are used
-
EXAMPLES
- Loss of future earnings, loss of limbs, quality of life, future care
- Pecuniary &
Non-Pecuniary
-
Civil Courts
-
Small Claims
- County Court
- P.I. Under £1k, Other Under £5k
-
Fast Track
- County Court
- P.I. £1k - ??, Other £5k - £25k
-
Multi-Track
- High Court
- ALSO complex fast-track cases
- P.I. ???, Other £25k - £50k