3, 4, 5, 6 & 7 - Tort of Negligence

Source: Unlocking Torts

Negligence is probably the most important of all torts (and that is why there are 5 chapter dedicated for this tort). Following is the summary of chapters 3, 4, 5, 6 & 7:

1)  Negligence and its ingredients - (a) Duty of care (b) Breach of duty and consequent damages (c) Causation and Remoteness

2) Duty of care - (a) Donoghue v Steveneson (neighbour principle) (b) two part test in Anns case - proximity+policy consideration (c) 3 part test in Caparo's case - foreseeability+proximity+just and reasonable (d) see numerous cases involving policy considerations (3rd test in Caparo)

3) Breach of duty and consequent damages- (a) Blyth's case - reasonable man test to determine standard of case (b) Factors to be taken into consideration - foreseeability, magnitude, "thin skull rule", social utility act, practicability of precautions (c) different types of defendant - Children, Disabled, Motorists, Sportsmen, People lacking specialist skill, People using equipments (d) Std of care for experts and professionals - Bolam test (here lies the answer to the question 5 of Kaplan's sample questions) approved by HL in the case of Sidaway e) See the criticisms of Bolam test (because it is considered as subjective test instead of objective test and how this test was not applied in Bolitho's case) f) See how no-fault liability works in New Zealand

4) Causation and remoteness - (a) 'but for' test (b) Novus actus interveniens - breaking the chain of causation, 3 types : (i) caused by the claimant (ii) caused by nature (iii) caused by 3rd party (c) circumstances when NAI should be ignored (d) Remoteness of damages

5) Proving negligence - (a) Res ipsa loquitur (b) strict liability

6) Negligence defences - (a) Volunti non fit injuria (b) Contributory negligence

7) Novel duty situations - (a) Nervous shock (b) Pure economic loss (c) Negligent misstatement (d) Liability for omission

There are 100s of case laws in these chapter which I have not covered.