Tort (LLB) - Duty of care

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What case gives the definition of negligence in tort?
Blyth v Birmingham Waterworks Co
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What did Alderson give as the definition of negligence in Blyth v Birmingham Waterworks Co?
'Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do'.
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What is the legal duty of care?
It is the obligation upon the defendant to take care/not injure the claimant, in all of the circumstances of the case.
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What is the landmark case for a duty of care and what principle arose from this case?
Donoghue v Stevenson [1932] & the neighbour principle.
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What does the neighbour principle state?
That 'you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour'.
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Who is your neighbour? It was defined in Donoghue.
'Persons who are so closely and directly affected by my act that i ought reasonably to have them in my contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question'.
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What case should be used when the duty of care is not well established in novel situations? (Note for the purposes of the exam, the three stage test need not be discussed)
Caparo Industries PLC v Dickman [1990]
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What does the case of Donoghue v Stevenson show (Established duty sit)
It shows that all manufacturers owe a duty of care to take reasonable care not to harm/injure their customers.
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What does the case of Nettleship v Weston show? (Established duty sit)
That all road users owe a duty of care to passengers and all other road users - anyone that you would be reasonably expected to protect from harm in all the circumstances.
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What does the case of Kent v Griffiths show?
That in this case the ambulance service owed a duty of care to the claimant for the injuries suffered and it was forseeable that delaying the time it took to get to the claimant would cause the claimant injury.
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What does the case of Bourhill v Young show?
This case showed that it was not forseeable that the claimant would have suffered harm as a result of the defendant's act.
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What does the case of Magereson v Roberts show?
That 50 years ago for children playing in asbestos dust, it would have created the risk of some harm, but not specifically mesothelioma.
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What case shows that a duty of care can be founded in omission cases?
Home Office v Dorset Yacht - In this case borstal officers allowed seven boys to escape from a training camp on Brownsea Island in Poole Harbour while they were asleep. They stole C’s boat and caused damage to other boats in the harbour.
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In what cases would the courts be less likely to find a duty of care existed? Give case examples.
Where there is a public policy issue - Fear of opening the floodgates for claims against police (Hill v CC of West Yorkshire)
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Point to remember ->
Duty of care for the purposes of the exam must be shown in law (Give precedential case to show this e.g if problem question involves driver injuring passenger/other road users use Nettleship v Weston case)
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Point to remember ->
Other established duty situations include, employee to employee, manufacturer to customer, doctor to patient and solicitor to client.
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Point to remember ->
Duty of care for the purposes of the exam must also be shown in fact (On the facts of this case who does the defendant owe a duty of care to? Who are the forseeable claimants?)
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Other cards in this set

Card 2

Front

What did Alderson give as the definition of negligence in Blyth v Birmingham Waterworks Co?

Back

'Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do'.

Card 3

Front

What is the legal duty of care?

Back

Preview of the front of card 3

Card 4

Front

What is the landmark case for a duty of care and what principle arose from this case?

Back

Preview of the front of card 4

Card 5

Front

What does the neighbour principle state?

Back

Preview of the front of card 5
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