Term
| Liability in the tort of negligence is premised on... |
|
Definition
|
|
Term
|
Definition
| The defendant was in breach of his duty to take reasonable care of the claiamnt- assuming such a duty to exist |
|
|
Term
| How would one define negligence |
|
Definition
Alderson B in Blythe v Birmingham Water Works
Negligence is the omission to do something which a reasonable man, guidedupon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. |
|
|
Term
| In what case was the concept of foreseeability and the reasonable person adresed |
|
Definition
|
|
Term
Whether there has been a breach of duty is...
Whethere or not the D owes C a duty of care is... |
|
Definition
A question of fact
A question of law |
|
|
Term
| What does the fact that breach of duty is a question of fact have on the case law in this area. |
|
Definition
As negligence actions have invariably different facts, it follows that ruling in one case has no precedential value in another case, even if the facts are superficially the same
Bolton v Stone
Miller v Armstrong |
|
|
Term
|
Definition
| Examined the nature of the requiremnent of foreseeability in the modern aw of neglgigence and its role in determining whether the defendant was acting in breach of duty. |
|
|
Term
| What were the key points raised by the Privy Council in the Wagon Mound |
|
Definition
1) In any case where there is more than a far-fetched possibiliy of injury to the claimant, the defendants conduct may amount to a breach of duty if he failed to take such precautions to remove or minimise the risk as would have been taken by a reasonable person.
2) there is no precise point on the scale of probablities which has to attained before a finding of negligence is justified.
Breach of duty is determined rather by looking at the likelihood of the risk relevative to al the other circumstances of the case. |
|
|
Term
| What is the learned hand formula? |
|
Definition
|
|
Term
|
Definition
| It was aleged that Ford calculated the it would be less expenisve to pay off the victimes of accidents caused by a defect in their ca- the defect resutled in the occupatns of the car beng incinerated- than recall the model and repair the defect). |
|
|
Term
| Gravity of the potential harm |
|
Definition
|
|
Term
|
Definition
| A one eyed garage worker became totally blind after being struck in the eye wihth a meta chip which flew from a bolt which he was trying to hammer loose. The D employers were held liable for failing to provide him with safety goggles, even though they were justified in not providing such equipment to a person with normal sight. Athough the risk was small, the injury to P would be very serious. |
|
|
Term
| what was the dissenting judgement in stepney? |
|
Definition
| The risk to the paintiff was not materially greater than that to other workers engged on the same task- such an accident would be serious in its consequences to any worker. |
|
|
Term
| What did the trial judge say in stepney? |
|
Definition
| The disability could only be relevant to the stirngency of the duty owed to him if it increased the risk to which he was exposed. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| rain in a factory. floor was water and mixed with oil. defendants covered floor in saw dust.they did not cover entirely. the plaitiff slipped and sued for negligence. |
|
|
Term
|
Definition
| "if cricket cannot be playerd on a ground without creating a substantial risk, then it should not be played there at all. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| A fireman was injured by the movement of a heavy jack whist traveling in a lorry which was not properly equipped to carry it. The jack was urgently needed to save the life of a woman who had become trapped under a bus, and the defendants were accordingly held to be justified in exposing the plaintiff to that risk |
|
|
Term
|
Definition
| Saving human life and limb has its limits. It is self defeating if the danger risked is too great, so that a fire authority has beeen held negligent where a fire engine passed hrough a red traffic signal on its way to a fire and caused a collision. |
|
|
Term
| Asquith LJ in Daborn v Bath Tramways motor co tf. |
|
Definition
| if the trains were restircted to a speed of five miles an hour, there would be fewer accidents, but our national life would be intolerably slowed down. the purpose to be served, if sufficiently importnt jsustifies the assumption of abnorma risk |
|
|
Term
|
Definition
| Tomlison v Congleton Borough Council |
|
|
Term
| Tomlinson v Congeton Borough Council |
|
Definition
| guy jumps into a lake hurts himself even though signs telling him not to. the idea of closing down the beach was rejected. |
|
|
Term
|
Definition
| spinal anaesthetic causing paralysis . There was no warning of the accidnt occuring at the time. we are not to judge with the ebefit of hindsight. |
|
|
Term
| Smith v P & O Bulk shipping |
|
Definition
| A reasonable employer at the time would not have known of the risk of developing mesothelioma so not negligent in failing to take precautions against exposure to asbestos |
|
|
Term
| Woolridge v Sumner (Facts) |
|
Definition
| An experienced horse man galloped his horse round the corner while at the national horse show. A camera man was injured after it was found that D has brought the horse around the corner too fast and the rider could have avoided the accident had he let the horse take an alternative path. The defenant was not found to have breached his duty and was not found to be negigent |
|
|
Term
|
Definition
The decision was made in the "agony of the moment". when he had no time to think and ook the wrong decsion that could not in law amount to negligence.
An error judgement or lack of skill is not enogh to consttue a breach of duty of reasonable care which a participant owes a spectator.
Something in the nature or a reckess disregard of saefty must be proved, and of this there is no suggestions in the evidence.
Furthermore, no causal link between defendants negligence and the injury the plaintiff sustained. |
|
|
Term
|
Definition
a man had his leg broken after a slide tackle in a football match.
It was siad that the duty would still be the duty of care under the principle in donoghue v stevenson that one is under a duy of care relevant to the circomstances, which is different in a football match than on a countrysid stroll. |
|
|
Term
|
Definition
| lack of skill or experience is no defence to an action in negligence. |
|
|
Term
| what is the objective standard of care? |
|
Definition
| the law assesses whether there has been a brech of duty by reference to an objective standard of care and skill that the defendant must exercise on pain of being found guilty of negligence. What level of care and skill was required by the activity which the defendant was pursuing? |
|
|
Term
|
Definition
| the objective standard "eliminates the personal equation and is independant of the idio syncracies of the particular person hose conduct was in question. |
|
|
Term
|
Definition
| the defendant asked the plaintiff, a driving instructor, to teach her how to drive. He gared ony after ensuring that he was convered under the defendant's comprehensie car insurance policy. During the course of the lesson and when the defendant was driving, she failed to straighten up the car after having turned a corner with the result that it mounted the pavement and hit a lamp post. The plaintiff broke his knee cap as a result and sued for negligence. TJ- she only owed him a duty to do her best. However, the court of appeal found for the plaintiff, saying that her competant best was not good enough and the standard of care is to be measured objectively regardless of the experince of the driver. |
|
|
Term
| Wilsher v Essex Area Health Authority |
|
Definition
| The standard of care required of members of a medical unit was that of the ordinaty skilled person exercising and professing to have that special skill, and that standard was to be decided according to particular posts in that unit rather than according to the general rankk or status of the perople filling the posts. The duty had to be tailored to the acts which the doctor had elected to perform rather than to the doctor himself. |
|
|
Term
|
Definition
| An inexperienced doc who was called on to exercise specilsi skill and who made a mistake nevertheless satisfied the necessary standard of care if he had sough the advice and help of his superior when necessary. |
|
|
Term
| dissenting judge in wishire |
|
Definition
| a houseman cannot be said to be at fault if at the start of their time they lack the skills which they are seeking to acquire. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| The defendnat was trined in traditional chinese mediine and practised with the impriatur of an association promoting medicine of that type, but he was not a qualified doctor in the u.k. oe of his patients died following a course of reatment prescribed by the defwndant for the cure of bening skin blemishes. thr defendant was held not to be in breach of his duty of care to the deceased since there was nothing in the orthodo medial jouranls to indicate that his herbal treatment was too hazarodous to prescribe. |
|
|
Term
|
Definition
| there will e a higher degree of care require of a player in a first division football match then of a player in a local league football match |
|
|
Term
| Physical and mental disability |
|
Definition
Mansfield v Weetabix
Roberts v Ramsbottom |
|
|
Term
|
Definition
|
|
Term
|
Definition
| The plaintiff was injured after he slipped and fell as he was seekgn (with persmission) to enter the defendants house. The door knowb cam away as he was pulling the dorr. the door knob had been fixed by the defendan and it was held that the stadard expected of him was that of a reasonably compeant amatuer carpenter, which the court noted was a lesser standard that of a professional careter. |
|
|
Term
|
Definition
| P made an appoitnment to have her ear pierced. the defendant had went through reasonable steps to ensure equipment was sterile, however, the ear still was infected which led to the development f an abscess which had to be drained, leaving a small scar. it was held that the standard of care to be appleid was that of a jeweler and not of a surgeon. thus the defendant was not guilty of negligence. |
|
|
