Negligence Quiz - Consolidation

' ' v Stevenson created modern-day negligence and the neighbour principle

Robinson explained that you DO NOT need to use the Caparo 3 stage test if...

• There is a novel case

• There is a statutory duty

• An established duty/precedent exists

• You can reason by analogy

If the case IS novel and Caparo is needed; what is the three part test?

Which question is asked when trying to establish if the defendant has breached their duty?

A doctor would be held to which standard?

• A reasonable person with normal levels of care and skill

• A trainee doctor

• A fully qualified doctor

Do you think it is fair that the standard is varied for children and professionals? Explain your answer

List the four risk factors used to help determine if there has been a breach of duty

Which parts of damage MUST you discuss in every question?

• Factual causation

• Intervening acts

• Remoteness of damage

• Thin skull rule

The ' ' test is used to prove factual causation

Explain what remoteness of damage means