CASES Negligence
Donoghue v Stevenson – snail in drink, manufacturers owe duty of care to consumers,
modern rules of negligence emerged after this case
Lord Atkin – neighbour test
Duty of Care
Pre-existing precedent:
Robinson v CCWY police – duty care owed by D to C if there’s pre-existing precedent with
similar facts
Nettleship v Weston – learners & driving
Wells v Cooper – amateurs
Mullins v Richards – children owe to others
Bolam v Friern Hospital – doctors owe to patients & professionals
R v Gibbins & Proctor – parents owe to children
Donoghue v Stevenson – manufacturers owe to consumers
Paris v Stepney Borough Council – employers owe to their employees
Caparo v Dickman (test for duty of care 3 parts) – Caparo test:
1. Foreseeability – Kent v GriGiths (further farm foreseeable if ambulance late no reason)
2. Proximity – Bourhill v Young (no proximity as pregnant lady in a space space at time
accident)
3. Policy – fair just and reasonable to impose duty Hill v CCWY (courts reluctant impose
duty on public bodies) but recent case Robinson blanket immunity no longer exists
against police and any public body who had control but made situation wore – Capital
& Counties (fire service had control over fire but made it worse)
Breach of duty
Standard of care: Blyth – Birmingham waterworks expected meet standard another reasonable
water works company which they did, as not unusual in extreme temperatures (D must meet
standard of care of another reasonable person doing same activity)
Nettleship v Weston – not lowered for learners, expected to meet standard another
reasonable driver
Donoghue v Stevenson – snail in drink, manufacturers owe duty of care to consumers,
modern rules of negligence emerged after this case
Lord Atkin – neighbour test
Duty of Care
Pre-existing precedent:
Robinson v CCWY police – duty care owed by D to C if there’s pre-existing precedent with
similar facts
Nettleship v Weston – learners & driving
Wells v Cooper – amateurs
Mullins v Richards – children owe to others
Bolam v Friern Hospital – doctors owe to patients & professionals
R v Gibbins & Proctor – parents owe to children
Donoghue v Stevenson – manufacturers owe to consumers
Paris v Stepney Borough Council – employers owe to their employees
Caparo v Dickman (test for duty of care 3 parts) – Caparo test:
1. Foreseeability – Kent v GriGiths (further farm foreseeable if ambulance late no reason)
2. Proximity – Bourhill v Young (no proximity as pregnant lady in a space space at time
accident)
3. Policy – fair just and reasonable to impose duty Hill v CCWY (courts reluctant impose
duty on public bodies) but recent case Robinson blanket immunity no longer exists
against police and any public body who had control but made situation wore – Capital
& Counties (fire service had control over fire but made it worse)
Breach of duty
Standard of care: Blyth – Birmingham waterworks expected meet standard another reasonable
water works company which they did, as not unusual in extreme temperatures (D must meet
standard of care of another reasonable person doing same activity)
Nettleship v Weston – not lowered for learners, expected to meet standard another
reasonable driver
