3 elements to negligence:
Is there a duty of care owed? (Bolton v Stone – risk was small, precautions were taken) Was there a
breach of duty? Damage caused?
Caparo test determines whether a duty of care exists through: Proximity: relationship; Foreseeability: was
the harm suffered reasonably foreseeable; Fair, just & reasonable: is it fair to impose a duty of care?
Robinson: Caparo does not have to be strictly applied in every case. Bournhill v Young: third party can only
sue if they suffered harm.
Thin skull rule: must take your victim as you find them.
Res Ipsa loquitur: (Scott v London Docks 1865 – D could not explain why he was not negligent)
Damage was under the sole control of the D.
Incident could only happen if someone was negligent.
No other reason for incident to occur.
Causation and remoteness:
Nettleship v Weston (learner driver – standard of care is of reasonably competent driver). Causation and
remoteness. No factual causation if there’s an intervening act. But for test: defendant’s actions must be
direct cause of claimant’s harm in order to be liable.
Development of duty of care:
Blythe v Birmingham Waterworks (damaged water pipe): duty of care started to develop.
Donoghue v Stevenson (snail): modern law developed.
Factors which vary the standard:
Characteristics of claimant including learner: Paris v Stepney (Paris had a blind eye, employer knew risk
therefore breached his duty)
Practicality: Was there effort to prevent harm? Latimer v AEC (sawdust to prevent slipping – not breached
duty as all precautions taken)
Emergencies: Does the benefit outweigh the risk? Watt v Hertfordshire Council (breach less likely when
dealing with emergencies)
Damages:
General damages: loss of future earnings, future medical expenses, loss of ability to perform tasks.
Special damages are calculated: loss of earnings, medical costs.
Courts check to see if D can pay before court.
Sources of advice:
Solicitors, barristers, citizens advice (free charity), law centres (free volunteers), trade union membership
(monthly payment)
Sources of funding:
Pro bono (free volunteers), state funding (low income or benefits), insurance, own resources (savings if
more than £3000).
Damages are usually paid in lump sum or structured settlement.
Tracks:
Small claims track: £10,000 or less, County Court, no costs
Fast track: between £10,000 and £25,000, up to £50,000 for PI, County Court, limited fixed costs
Multi-track: £25,000 or more, County or High Court, costs.
Is there a duty of care owed? (Bolton v Stone – risk was small, precautions were taken) Was there a
breach of duty? Damage caused?
Caparo test determines whether a duty of care exists through: Proximity: relationship; Foreseeability: was
the harm suffered reasonably foreseeable; Fair, just & reasonable: is it fair to impose a duty of care?
Robinson: Caparo does not have to be strictly applied in every case. Bournhill v Young: third party can only
sue if they suffered harm.
Thin skull rule: must take your victim as you find them.
Res Ipsa loquitur: (Scott v London Docks 1865 – D could not explain why he was not negligent)
Damage was under the sole control of the D.
Incident could only happen if someone was negligent.
No other reason for incident to occur.
Causation and remoteness:
Nettleship v Weston (learner driver – standard of care is of reasonably competent driver). Causation and
remoteness. No factual causation if there’s an intervening act. But for test: defendant’s actions must be
direct cause of claimant’s harm in order to be liable.
Development of duty of care:
Blythe v Birmingham Waterworks (damaged water pipe): duty of care started to develop.
Donoghue v Stevenson (snail): modern law developed.
Factors which vary the standard:
Characteristics of claimant including learner: Paris v Stepney (Paris had a blind eye, employer knew risk
therefore breached his duty)
Practicality: Was there effort to prevent harm? Latimer v AEC (sawdust to prevent slipping – not breached
duty as all precautions taken)
Emergencies: Does the benefit outweigh the risk? Watt v Hertfordshire Council (breach less likely when
dealing with emergencies)
Damages:
General damages: loss of future earnings, future medical expenses, loss of ability to perform tasks.
Special damages are calculated: loss of earnings, medical costs.
Courts check to see if D can pay before court.
Sources of advice:
Solicitors, barristers, citizens advice (free charity), law centres (free volunteers), trade union membership
(monthly payment)
Sources of funding:
Pro bono (free volunteers), state funding (low income or benefits), insurance, own resources (savings if
more than £3000).
Damages are usually paid in lump sum or structured settlement.
Tracks:
Small claims track: £10,000 or less, County Court, no costs
Fast track: between £10,000 and £25,000, up to £50,000 for PI, County Court, limited fixed costs
Multi-track: £25,000 or more, County or High Court, costs.
