24-Liability In Negligence: Personal Injury And Damage To Property Flashcards Preview

Year 1 A level Law AQA Textbook > 24-Liability In Negligence: Personal Injury And Damage To Property > Flashcards

Flashcards in 24-Liability In Negligence: Personal Injury And Damage To Property Deck (8)
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1
Q

In which case did the modern law of negligence originate from?

Give brief facts.

A

Donoghue v Stevenson (1932)

Facts: Slug in ginger beer. C sued manufacturer as no claim allowed to shopkeeper because drink was bought for C therefore no contract.

2
Q

Donoghue v Stevenson (1932)

A

Principle: origin of the modern law on negligence and duty of care.

Facts: slug in ginger beer. C claimed against manufacturer rather than shop.

3
Q

What is the neighbour principle and which case did it originate from?

Who established the principle?

A

Anyone you ought to have in mind whom may be injured by your act or omission.

Donoghue v Stevenson (1932)

Lord Atkin

4
Q

Which principle did Lord Atkin establish regarding liability in negligence?

A

The neighbour principle

5
Q

What was the ‘neighbour principle’ replaced by?

A

The three part test from Caparo v Dickman (1990)

6
Q

What are the three parts to found from Caparo v Dickman (1990)?

A

1) damage or harm reasonably foreseeable
2) proximity of relationship
3) fair, just and reasonable to impose a duty

7
Q

What case established the three part test?

Give brief facts.

A

Caparo v Dickman (1990)

Facts: C company bought another company based on accounts provided for another purpose. No claim allowed.

8
Q

What did the case of Caparo v Dickman (1990) establish?

A

The three part test that replaced the neighbour principle.

1) damage or harm reasonably foreseeable
2) proximity of relationship
3) fair, just and reasonable to impose a duty