GoConqr has a new look! Let us know what you think.

Mind map

Negligence

Cameron Tinkler English

Map content

Negligence

  1. Duty of Care

    • Caparo v Dickman
      • Damage must be foreseeable
      • Proximity of relationship
      • Fair Just and Reasonable
      • Incremental Steps - Sutherland Shire Council v Heymen
        • Incrmentally OR analogy
          • close analogy / incremental step to impose a duty in novel situations, but where it is similar
            • Watson v British Boxing Board of Control
    • 3rd Parties
      • West Brom FC v El-Safty
        • Dr's responsibility is to his patient, not Club (employer)
      • White v Jones
        • Duty of care for solicitors to prepare wills within reasonable time - CONTRACT/assumption of responsibility
          • Marc Rich & Co - NO DUTY = Confused law - Owed no duty to owers of loss cargo
            • Both cases show a loss was foreseeable
      • Goodwill
        • Man vesectomy
          • No duty owed to woman as woman is only X
        • McFarlane
          • Man Vesectomy
            • Can claim in respect of pain and suffering, but not costs to raise
    • Emergency Services
      • Hill v Chief Constable of West Yorkshire
        • Police officers do not owe general duty of care to victims
          • Swinney - But do to informants
            • and to known suicide risks - Reeves
      • Capital Counties & Plc v Hampshire
        • Duty not to make situation any worse
          • but no duty to respond
      • Kent v Griffiths
        • Emergency Duties do not owe a duty of care to public unless 'assumed responsibility'
          • Placed reliance i.e. removed alternative methods
    • Public Bodies
      • Home Office v Dorset Yacht
        • Direct relationship, failure to control kids = liable
          • sue public body, not damages against children as they go no monieeee
      • X v Bedfordshire CC
        • failed to take action against children being abused
          • Parents did abuse, had no money
            • when kids grow up, claim against public body i.e. local authority
              • BUT ALREADY DIFFICULT TO MANAGE CASE LOAD, SO NO LIABILITY
                • Not fair just and reasonable
      • JD v East Berkshire
        • Health Professionals Duty of care for child not parents as child is the patient
    • Special Groups
      • Smith v Ministry of Defence
        • Doctrine of combat immunity
          • Duty of care could be owed to soldiers when being trained and equipped for combat
      • Mulachy v Ministry of Defence
        • No duty of care between soldiers on active duty
          • FRIENDLY FIRE!
  2. Breach

    • Blyth v Birmingham Waterworks
      • Objective reasonable person test, not subjective
        • Applying standard of care - Balancing exercise
          • LIKELIHOOD OF INJURY/SEVERITY OF INJURY (COST OF RUNNING RISK) V D'S PURPOSE/EASE OF TAKING PRECAUTIONS (COST OF AVOIDING RISK)
            • Bolton v Stone
            • Uren v Leisure
              • Game had social value BUT risk of injury should not have happened, easily avoidable by not diving head first
            • Barnes v Scout Association
              • Turning off light significantly increased the risk of injury - Not part of social utility
            • The Wagon Mound - Damage foreseen by reasonable man. Liability not depend solely on damage being direct or natural consequence
    • Children
      • Mullin v Richchards
        • Standard applied was that of a reasonable child of that age
        • Orchard v Lee
      • Harris v Perry
        • Parents not liable if suitable supervision for activity and risks
    • Disabilities
      • Dunnage v Randall
        • Objective test however if not aware of disabling condition or autonomous state = not liable
          • Mansfield v Weetabix = Not aware
    • Medical Law/Professional skills
      • Bolam
        • Dr not guilty if acted in ACCORDANCE W a PRACTICE ACCEPTED BY A RESPONSIBLE BODY OF MEDICAL MEN SKILLED IN THAT PARTICULAR ART MERELY BC BODY OF OPIN WHO'D TAKE CONTRARY VIEW
        • DR judged on whether acted in accordance with other skilled doctors (not withstanding contrary views)
        • Bolitho v City & Hackney Health Authority
          • BUT, any decision must also be LOGICAL and consider the RISKS & BENEFITS
            • Hyde & Associates v JD Williams
              • Bolam test is equally applicable to non-medical contexts
                • e.g. judge the level of skill to a reasaonble person carrying out that skill
        • Defreitas v O'Brien
          • Not about size of body of opinion, it is about the QUALITY
  3. Economic Loss

    • Spartan Steel v Martin
      • Consequential damage is recoverable, however, PURE economic loss is not (too remote/indeterminate)
    • Special Relationship
      • Hedley Byrne
        • Duty of care could exist leading to pure economic loss if parties were in a 'special relationship'
          • Key factor is ' Reasonable Reliance'
        • Caparo v Dickman
          • Proximity between C and D IMPORTANT
            • HB Exists when... James McNaughton v Hicks
              • Purpose for which statement was made
                • The state of knowledge of the maker of the statement
                  • Size of the class to which the recipient belonged
                    • PROXIMITY
                    • Relationship between maker, recipient and any 3rd party
                      • Reliance by the advisee
                  • Did statement maker know the purpose, whom it'd be communicated, reliance there might be
                • AND Purpose for which it was communicated
      • Mutual Life v Evatt
        • Distinction between Advice and INFO
          • C in the course of business makes it CLEAR he is seeking advice and will act upon it
      • Chaudhury v Prabhaker
        • CONTEXT
          • Can occur in social setting unless words negate liability e.g. dont quote bruv
            • Lejonvarn v Burgess & Burgess
    • 3rd Parties
      • White v Jones
        • 3rd party liability based on reliance.. assumed responsibility = fair just n reasonable
  4. Psychiatric Injury

    • McLouglin v O'Brien
      • Immediate Aftermath - Raw injuries
      • Liverpool Women's Hospital NHS Trust v Ronayne
        • can't claim if seen in hospital condition, drips monitors etc
    • Attia v British Gas
      • Loss of possessions can amount to a psychological injury
    • Primary Victims
      • Page v Smith
        • reasonable foreseeability of physical injury is sufficient to bring with it a duty in regard to psychiatric injury
          • Zone of danger
            • Secondary V: In position of spectator or bystander
      • White * Others v Chief Constable of South Yorkshire Police
        • Police officers CAN'T be secondary victims, had to be PRIMARY of rescuers
    • Secondary Victims
      • Alcock v Chief Constable
        • Close Ties of Love & Affection
          • Proximity of Time & Space
            • Witnessing with own (unaided) senses
              • Sudden shock
                • 'sudden appreciation by sight or sound'
              • What is seen on television or told by someone else is not immediate enough
                • Ravenscroft Transatlantic
            • immediate aftermath 9 hours = not proximate (Alock)
              • Two hours... Yes... Galli-Atkinson v Seghal
                • Walters v Glamorgan
                  • Series of events make up entire event = immediate (36hrs)
                    • W v Essex County Council
                      • Despite not having proximate relationship, DoC can arise if burdened with having unintentionally been responsible for abuse of children
          • Rebuttable presumption between husband and wife and parents and children; those in other relationships have to convince court
      • Hicks - 0 Fear of impending death before accident = not sufficient
    • Rescuers
      • McFarlane v Caledonia
        • Normal human level of bravery is expected, NEED TO BE OVER AND ABOVE THAT
          • if normal person wouldn't be disturb can't bring a claim
            • Test is whether rescuer is a man of normal phlegm & fortitude
  5. Causation

    • Factual Causation
      • Barnett v Kensington
        • 'But for' the defendant's breach of duty, would Cs damage still have occurred?
          • Yes = Break of chain of causation
          • No = Liability
      • Material Contribution
        • Bailey v Ministry of Defence
      • One, but unidentified acuse
        • 'a material increase in risk'
          • Failure to take a step which caused materially increased the risk
            • McGhee v National Coal Board
    • Multiple Causes
      • Fairchild v Glenhaven
        • Multiple agent, 1 cause
          • Compensation Act 2006 s3
            • Any one claimant could bear 100% liability regardless of extent of their involvement with claimant
        • Test of material contribution applies to all mesothelioma cases even where caused by one negligent source
          • as long as more than minimal cause which materially increased risk
            • Sienkiewicks case
      • Wilshere v Essex
        • Multiple causes, one agent
    • Consecutive Causes
      • Jobling v Associates Diaries
        • D's liability ceases 'vicissitudes of life' = ONE TORT FOLLOWED BY NATURAL OCCURRENCE
      • Baker v Willioughby
        • D still liable, designed to avoid under-compensation of P
    • Loss of Chance
      • Hotson v East Berkshire
        • Have to prove on balance of probabilities that but for D he would have recovered
      • Gregg v Scott - C chances had never been 51% did not matter if could have gone from 25 to 45%
    • Legal Causation
      • The Wagon Mound - 'reasonably foreseeable' i.e. that damage was not too remote
        • Thin skull rule exception
          • D liable for outcome not reasonably foreseeable where loss suffered by C is partly due to his own pre-existing
      • Type of injury
        • Hughes v Lord Advocate
          • only the type of damage has to be reasonably foreseeable and not the manner in which it occurs or its extent
      • Actions by the claimant
        • Unreasonable behaviour by putting himself in a dangerous situation
          • McKew v Holland
            • Wieland v Cyril Lord
      • Actions by Third Parties
        • Knightley v Johns
          • Police officer's order broke the chain of causation from first accident
            • Johns therefore not liable for 2nd injury to the motorcyclist
              • Was a positive act, separate from natural consequence of Johns negligence and common sense order was a new cause of disturbing sequence of events

Information

Description
Mind Map on Negligence, created by Cameron Tinkler on 26/05/2018.
Created by
Cameron Tinkler · May 2018
Updated
May 29, 2018
Views
1
Rating

Feedback

What is it about?

What do you think of the new look?

How do you like it?