THE TORT OF NEGLIGENCE
HOW CAN ONE BRING A CLAIM IN NEGLIGENCE?
According to the case of Donoghue v Stevenson in order to bring a claim in negligence
the following must be satisfied:
a) the defendant must owe the claimant a duty of care;
b) the defendant must breach that duty of care;
c) that failure must cause damage to the claimant
A) DUTY OF CARE
In Caparo Dickman, the House of Lords stated that a duty of care exists when:
It is reasonably foreseeable to the defendant that his negligence will cause injury,
damage or loss to the claimant
There is a relationship of proximity between the claimant and the defendant
It would be fair, just and reasonable to impose liability
What does “reasonable foreseeability” mean?
Hayley v London Electricity Board
What does “proximity” mean?
Bhamra v Dubb, Sutradhar v Natural Environment Research Council, Calvert v William Hill
Credit Ltd. Bhamra v Dubb, Watson v British Boxing Board of Control
What is “fair, just and reasonable”?
Hill v Chief Constable of West Yorkshire, Rice and Thompson v Secretary of State for Trade
& Industry and Stuntbrand Line
HOW CAN ONE BRING A CLAIM IN NEGLIGENCE?
According to the case of Donoghue v Stevenson in order to bring a claim in negligence
the following must be satisfied:
a) the defendant must owe the claimant a duty of care;
b) the defendant must breach that duty of care;
c) that failure must cause damage to the claimant
A) DUTY OF CARE
In Caparo Dickman, the House of Lords stated that a duty of care exists when:
It is reasonably foreseeable to the defendant that his negligence will cause injury,
damage or loss to the claimant
There is a relationship of proximity between the claimant and the defendant
It would be fair, just and reasonable to impose liability
What does “reasonable foreseeability” mean?
Hayley v London Electricity Board
What does “proximity” mean?
Bhamra v Dubb, Sutradhar v Natural Environment Research Council, Calvert v William Hill
Credit Ltd. Bhamra v Dubb, Watson v British Boxing Board of Control
What is “fair, just and reasonable”?
Hill v Chief Constable of West Yorkshire, Rice and Thompson v Secretary of State for Trade
& Industry and Stuntbrand Line
