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9 Cards in this Set
- Front
- Back
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Bringing an action in negligence
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- Does a duty of care exist
- Has there been a breach of duty of care - Has the claimant suffered loss - are there any defences |
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Has there been a breach of duty of care |
Objective Tests - What is the standard of care expected? - Has this standard been breached? |
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Nettleship v Weston |
- Learner Driver crashes during a lesson - The standard of care applicaple was that of a reasonable competant driver |
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Masfield v Weetabix |
- Driver with unknown impaired cognitive function - lower standard applied because of his inability to rise to the higher standard - distinction from Nettleship v Weston |
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Bolam v Friern Barnet Hospital |
- "The test of the ordinary skilled man exercising and professing to have that skill" - "A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art" |
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Djemal v Bexly Heath Health Authority |
A worker acting up is expected to ensure that the standard of care given is that which would be expected of a person who would normally hold that position |
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Bolitho v City & Hackney Health Authority |
Caveat to Bolam that the court must be satified that such a course of action is responsible, reasonable or respectable |
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Paris v Stepney Borough Council |
One eyed workman |
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Scott v London & St Catherine Docks |
- Res Ipsa Loquitor
- Where the defendant has control over a particular setting - The accident is such that in the ordinary course of thisngs, such accidents wouldn't occur without negligency |
