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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 |
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The duty of care is an objective standard |
Nettleship v Weston |
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What is expected does not change due to the personal situation of the D |
Barnett |
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In assessing what is expected age is relevant |
Mullin |
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A reasonable person still does not know that he has a hidden condition |
Mansfield |
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The reasonable person expectation is on the job being done and not the position of the person doing it |
Phillips |
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What is reasonable is to be assessed by the era of the negligence |
Roe |
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Even though what is reasonable is seen from the era of the negligence the actions still have to be reasonable within that framework |
Maga |
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An extremely remote danger that is foreseeable is not necessarily unreasonable to take |
Bolton v Stone |
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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 |
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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 |
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If the D knows that the C could suffer special damage they are reasonably more on notice to be careful |
Paris |
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The cost of precautions do factor into whether an act is reasonable or not |
Latimer |
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In dangerous events then is a higher expectation of lapses of skill and judgement but reckless disregard is still not reasonable |
Woolridge v Sumner |
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"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 |
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There is a lower standard for horseplay because of tacit agreement |
Blake v Galloway |
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In cases of emergency there is a lower requirement for care, due to the circumstances |
Watt |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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The duty of care not only shifts with science but also with societal expectations |
Thompson |
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It will generally be seen as negligent if the D is not following the very standards that it itself has set out. |
Swift |
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When concerning professional standards there is only a need to act in accordance with a responsible body |
Bolam |
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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 |
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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 |
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The test in professional fields is to assess what is the reasonable actions of reasonable actual teachers |
Phelps |
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Even in the professional field it is about the act that is done rather than the actor's position |
Wilsher |