Can you recall the 'holy trinity' of negligence from yesterday? Date: Saturday, 16 February 2019 Tort Introduction Lesson Outcomes: Identify key elements of negligence Explain development of law through cases Specification links: Liability in negligence for physical injury to people and damage to property. Duty of care: neighbour principle; Caparo three-part test. Breach of duty: concept of the reasonable man; risk factors, including characteristics of the defendant and claimant, magnitude of risk, practicality of precautions, social utility of the risk. Damage: factual causation and legal causation (remoteness of damage). Can you recall the 'holy trinity' of negligence from yesterday? 1

Breach of Duty Duty of Care Damage “Those who know, do. Those that understand, teach.” Aristotle? Breach of Duty Degree of risk Roe v Minister of Health Bolton v Stone Haley v London Electricity Board Standard of Care Paris v Stepney Borough Council Practicability Latimer v AEC Bolam v Friern Hospital Management Duty of Care Donoghue v Stevenson & HL judgment Caparo v Dickman & 3 Caparo tests Reasonably forseeable Kent v Griffiths Jolley v Sutton LBC Bourhill v Young Topp v London Country Bus Proximity Hill v Chief Constable of W. Yorkshire Osman v Ferguson Fair, just & Reasonable Capital & Countries Damage Causation Barnett v Chelsea and Kensington Hospitals Remoteness of Damage The Wagon Mound Crossley v Rawlinson Thin skull rule Smith v Leech Brain & Co Hughes v Lord Advocate