UK Tort Law
Donoghue; Anns; Caparo - Answer-progression of leading authorities in negligence
tortfeasor will be subject to a duty of care only if there positive reasons for holding the defendant
responsible for the claimant's loss - Answer-negligence standard under Caparo
standard of care - Answer-these criteria must be met for there to be liability in negligence.
1. D must owe C a duty of a care
2. that duty has been breached
3. as a result of that breach, C has suffered a material loss/damage (cause in fact)
4. the damages are caused by D's negligence (cause in law)/is not too remote/is within the scope of duty
owed
Nettleship v Weston - Answer-Case: D was a learner driver, froze and crashed into lamp post causing
injury to P.
Held: D's conduct fell below the standard of care owed by all drivers (obj. standard) and didn't matter
that she was a learner. D will be liable unless it can be proved that a high standard of skill and care was
present. Law doesn't excuse driver doing their "incompetent best". Drivers more likely to be liable
because everyone required to insure against 3rd party injuries.
Tomlinson v Congleton - Answer-Case: Teen carelessly dove into shallow waters --> broke his neck -->
tetraplegic.
Held: D can only be held liable if there is a breach of duty. Individuals are held responsible for their own
actions.
, Mullin v Richards - Answer-Case: children having a mock sword fight with rulers --> P's injury to the eye.
Held: no damages were awarded to the P as both parties were 15 year old girls. The ordinary 15 yr old
girl would not be able to foresee the risk of injury so no damages.
Wooldridge v Sumner - Answer-Case: P, photographer, injured by a horse racer who swerved too fast
around a corner.
Held: D owes a duty of CARE not SKILL. a person attending a sporting match goes acknowledging the
risks of damage by participants in the process of the event, even if there is a lapse of judgment/skill.
However, there will be liability if there is a deliberate disregard to the safety of the spectators.
Wilsher v Essex Area Health Authority - Answer-Case:
Held: no exception to the standard of care for inexperienced/new medical professional concerned.
Inexperienced medics are expected to act with the standard of care expected of a person filling in the
post that D was in.
Bolam test - Answer-a medical practitioner will not be held guilty of negligence if he acted in accordance
with a practice that is accepted by a responsible group of doctors skilled in that art.
Furthermore, he is not negligent if in acting according to an accepted practice there is a conflicting
opinion. Resulted in accusations of a protectionist stance for doctors.
problems of Bolam test - Answer-What are these?
1. Bolam test has been applied where the court's judgment is being replaced by the medical evidence
presented by D, as long as the medical expert is found to be honest and respectable.
2. with tricky medical cases, courts have been inclined to "Bolamize" the litigation process. They will be
reluctant to offer a judgment contrary to the medical evidence presented by D.
These two things were addressed in Bolitho.
Bolitho v City of Hackney Health Authority - Answer-Case: 2 yr old boy who had 2 episodes of respiratory
difficulties, before having a final one which resulted in cardiac arrest and death. D failed to attend to the
boy when nurses called for aid and P claimed that D's failure to intubate and attend to the boy resulted
in his death. D claimed that they wouldn't have intubated anyway.
Donoghue; Anns; Caparo - Answer-progression of leading authorities in negligence
tortfeasor will be subject to a duty of care only if there positive reasons for holding the defendant
responsible for the claimant's loss - Answer-negligence standard under Caparo
standard of care - Answer-these criteria must be met for there to be liability in negligence.
1. D must owe C a duty of a care
2. that duty has been breached
3. as a result of that breach, C has suffered a material loss/damage (cause in fact)
4. the damages are caused by D's negligence (cause in law)/is not too remote/is within the scope of duty
owed
Nettleship v Weston - Answer-Case: D was a learner driver, froze and crashed into lamp post causing
injury to P.
Held: D's conduct fell below the standard of care owed by all drivers (obj. standard) and didn't matter
that she was a learner. D will be liable unless it can be proved that a high standard of skill and care was
present. Law doesn't excuse driver doing their "incompetent best". Drivers more likely to be liable
because everyone required to insure against 3rd party injuries.
Tomlinson v Congleton - Answer-Case: Teen carelessly dove into shallow waters --> broke his neck -->
tetraplegic.
Held: D can only be held liable if there is a breach of duty. Individuals are held responsible for their own
actions.
, Mullin v Richards - Answer-Case: children having a mock sword fight with rulers --> P's injury to the eye.
Held: no damages were awarded to the P as both parties were 15 year old girls. The ordinary 15 yr old
girl would not be able to foresee the risk of injury so no damages.
Wooldridge v Sumner - Answer-Case: P, photographer, injured by a horse racer who swerved too fast
around a corner.
Held: D owes a duty of CARE not SKILL. a person attending a sporting match goes acknowledging the
risks of damage by participants in the process of the event, even if there is a lapse of judgment/skill.
However, there will be liability if there is a deliberate disregard to the safety of the spectators.
Wilsher v Essex Area Health Authority - Answer-Case:
Held: no exception to the standard of care for inexperienced/new medical professional concerned.
Inexperienced medics are expected to act with the standard of care expected of a person filling in the
post that D was in.
Bolam test - Answer-a medical practitioner will not be held guilty of negligence if he acted in accordance
with a practice that is accepted by a responsible group of doctors skilled in that art.
Furthermore, he is not negligent if in acting according to an accepted practice there is a conflicting
opinion. Resulted in accusations of a protectionist stance for doctors.
problems of Bolam test - Answer-What are these?
1. Bolam test has been applied where the court's judgment is being replaced by the medical evidence
presented by D, as long as the medical expert is found to be honest and respectable.
2. with tricky medical cases, courts have been inclined to "Bolamize" the litigation process. They will be
reluctant to offer a judgment contrary to the medical evidence presented by D.
These two things were addressed in Bolitho.
Bolitho v City of Hackney Health Authority - Answer-Case: 2 yr old boy who had 2 episodes of respiratory
difficulties, before having a final one which resulted in cardiac arrest and death. D failed to attend to the
boy when nurses called for aid and P claimed that D's failure to intubate and attend to the boy resulted
in his death. D claimed that they wouldn't have intubated anyway.
