Negligence

Negligence

1. Duty of Care

   • Langley v Dray
     • police car chase
       • D knew or ought to have known
   • haley v london electric board
     • blind man in trench
       • reasonably foreseeable that a blind person
         • doesn't have to be a specific person, just a category
   • Bhamra v dubb
     • caterer serves eggs at a wedding
       • because of the nature of the wedding and also the fact the the c should not have needed to have checked
         • type of harm suffered reasonably foreseeable

2. Breach of Duty

   • Matter of Law
     • Blyth v Birmingham waterworks
       • Reasonable person
         • Hall v Brooklands Auto-racing club
           • Man on the clapham bus
   • Wagon mound no 2
     • Question of fact
       • Risk of harm
         • Bolton v Stone
           • Cricket ball in the head risk was low
       • conditions at the time
         • Roe v Minister of Health
           • anaesthetic mixed
             • didn't know so was not foreseeable
       • seriousness of the injury
         • Paris v Stepney
           • already blind in one eye so increased the risk
             • cost of avoiding risk was low
     • likelihood of harm low, serious of harm high, cost of avoiding minimal
       • breach of duty
   • Proffesionals
     • Bolam v Friern Hospital Management Committee
       • Have to use the same standard as what is acceptable practice by a responsible body of skilled professionals
       • Bolitho
         • has to be based on logic

3. Causation

   • But For
     • Barnett v Chelsea
       • man would've died anyway from taking poison
     • multiple causes
       • Bonnington castings v wardlaw
         • impossible to find which dust did damage
           • had to materially contributed, doesn't matter it wasn't for the full
       • wilsher v wessex HA
         • Has to be substantial cause not only
     • lost chance
       • Hotson v Eastberkshire
         • courts reluctant to impose liability
     • consecutive causes of damage
       • Performance cars v abraham
         • first D will still be liable
   • Remoteness of damage
     • Wagon Mound (no 2)
       • damage has to be reasonably foreseeable

4. First principles

   • Donaghue v Stevenson
     • Neighbour principle, persons who are so directly affected by my act that i ought to have reasonably foreseen them
   • Caparo v Dickman
     • Damage to the victim reasonably foreseeable?
     • Proximity between d & c
     • Fair just and reasonable

5. Who can be held liable

   • economic loss
     • pure
       • spartan steels & alloys v Martin & co
         • Denning
           • pure loss not recoverable because should have generators an insurance
       • Hedley Byrne V Heller
         • relied on statement to whether a good investment or not
           • would have been held accountable if there hadn't have been a disclaimer because it was reasonable to see that they would rely on the statement
       • murphy v Brentwood
         • was our economic loss so couldn't be recovered
           • house sold for less because of defects
       • White v Jones
         • Daughter kept negligently out of will solicitors responsible
       • esso petroleum V Marden
         • estimates of profit could be held liable for relied upon
     • consequential
       • as a result of physical or psychiatric harm
       • Conarken group v national rail
         • economic loss as a result of damage to rails
   • omissions
     • no duty to act
       • East suffolk rivers catchment board v kent and another
         • if intervene and make matters worse you are liable
     • Exceptions
       • Police custody
         • reeves v MPC
       • assumption of responsibility
         • Barrett v MoD
           • drunken soldier put to bed by officer
       • adoption of a risk
         • capital counties plc v hampshire cc
           • turned off sprinklers was an adoption of the risk
   • Third Parties
     • stansbie v troman
       • could be held liable for third party because he had a contractual obligation to close the door
         • decorator left door open
     • swinney v CC of northumbria
       • gave police confidential info which then got into culprits hands
         • implied promise
     • Hill v CC of West Yorkshire
       • must be specific relationship between C & D
         • Palmer v Tees health authority
           • Mentally ill patient
         • mitchell v glasgow CC
           • Evicted from house
     • Special Relationship Between TP & D
       • home office v Dorset yacht co
         • children damaging boats
       • Topp v London Bus Co
         • not liable no greater risk caused
     • Failing to abate danger by TP
       • Fires being started in properties
         • clark fixing ltd v dudley Metropolitan BC
           • Did know so liable
         • Smith v Littlewoods
           • didn't know so not liable
   • Public Authorities
     • Fair just and reasonable to impose a duty of care
       • Hill v CC of west yorkshire
         • opening the floodgates
       • capital counties plc v hampshire cc
         • increased the risk