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30 Cards in this Set

  • Front
  • 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 or reasonable man would not do"

Blyth 1856

The duty of care is an objective standard

Nettleship v Weston

What is expected does not change due to the personal situation of the D

Barnett

In assessing what is expected age is relevant

Mullin

A reasonable person still does not know that he has a hidden condition

Mansfield

The reasonable person expectation is on the job being done and not the position of the person doing it

Phillips

What is reasonable is to be assessed by the era of the negligence

Roe

Even though what is reasonable is seen from the era of the negligence the actions still have to be reasonable within that framework

Maga

An extremely remote danger that is foreseeable is not necessarily unreasonable to take

Bolton v Stone

If a danger is remote but foreseeable and easy to prevent it is still probably reasonable to take those easy steps to prevent it

The Wagon Mound No2

The test for assessing whether something is reasonable is:


1. Whether a reasonable person would contemplate the risk


2. How would a reasonable person act if they knew

Whippey

If the D knows that the C could suffer special damage they are reasonably more on notice to be careful

Paris

The cost of precautions do factor into whether an act is reasonable or not

Latimer

In dangerous events then is a higher expectation of lapses of skill and judgement but reckless disregard is still not reasonable

Woolridge v Sumner

"The standard is objective, but objective in a different set of circumstances. Thus there will of course be a higher degree of care required of a player in a First Division football match than of a player in a Fourth Division football match."

Sir Donaldson MR


Condon v Basi

There is a lower standard for horseplay because of tacit agreement

Blake v Galloway

In cases of emergency there is a lower requirement for care, due to the circumstances

Watt

If the C suffered the damage mostly from his own disregard for safety then this doesnt create a DOC on the claimant

Tomlinson v Congleton

In assessing whether to apply a DOC there should be regard given to steps that would




1. Prevent a desirable activity from taking place at all


2. Discourage persons from undertaking functions in connection with the desirable activity

Compensation Act 2006 S.1

It has to be possible that there is causation, because otherwise it would be imposing a duty that the ordinary defendants could not reach

Sutton

When assessing whether to apply a DOC the court has to have consideration of these statutory factors

2. Social Action: whether the action was for the benefit of society


3. Responsibility : whether the person is demonstrating a predominantly responsible approach to protecting the safety or interests of others


4. Heroism: Was the act done heroically in an emergency to save someone

In particular situations it may be unreasonable for a company to just meet the legal limits of compliance because the reasonableness of a code may be compromised by political factors

Baker

In terms of development of knowledge of a danger




"where there is developing knowledge he must keep reasonably abreast of it and not be too slow to apply it; and where he has in fact greater than average knowledge of the risk, he may thereby be obliged to take more than the average or standard precautions"

Stokes

The duty of care not only shifts with science but also with societal expectations

Thompson

It will generally be seen as negligent if the D is not following the very standards that it itself has set out.

Swift

When concerning professional standards there is only a need to act in accordance with a responsible body

Bolam

When assessing whether a body is a responsible body the courts have to be satisfied that "the exponents of the body of opinion relied upon can demonstrate that such opinion has a logical basis"

Bolitho

The courts may give deference in areas of medical science in terms of whether an action is a reasonable one, but this does not apply if the matter is not about medical science but about medical ethics

Montgomery

The test in professional fields is to assess what is the reasonable actions of reasonable actual teachers

Phelps

Even in the professional field it is about the act that is done rather than the actor's position

Wilsher