Standard demanded is reasonableness.
omission - not doing something RM would.
or doing something RM wouldn't.
Alderson in Blyth v Birmingham waterworks
Philips v Whiteley- ear peirce. Infection.
Factors of reasonableness
'reasonable person' - person of same skill
1.Degree of risk
2.seriousness of consequence
3.cost of guarding risk
4.social importance.
Bolton v Stone. Cricket ball 6x 30 years.
Paris v Stepney BC. Mechanic 1 eye. Totally blind. Extra care should have been taken.
Latimer v AEC - Storm, water, sand bags, warned. Not liable.
Watt v Hertforshire CC - Road accident. Fireman injured. Risk was worth it.
Burden of proof. C must prove balance of probabilities that standard of care was not provided.
Res ipsa loquitor.
(i) Thing causing damage is under D's control
(ii) accident wouldn't have happened where the D was using proper care.
C proves D caused a loss. Duty of Care. Breach of duty.
EG Donaghue v stevenson.
Has to prove that without D's breach the loss wouldn't have happened.
Mctear v Imperial Tobacco.
Widow. smoker. sue tobacco company.
(i)smoking cause of general cancer.
(ii) that he wouldn't have picked another brand
(iii) taht he wouldn't have got cancer without smoking.
Tort of negligence; Duty of care, Breach of duty,
Loss/damage to C.
Duty of care
Donaghue v stevenson; snail, bottle, ultimate cons.
Nettleship v weston; learner. P. Crash.
Statute imposed
Ward v tesco. Yoghurt. Slip. 10x Day.
Caparo v Dickman 1990.
Forseeability, proximity, Fair Just Reasonable.
Forseeability;
Bourhill v Young. Still born, motorcyclist, no realtionship.
Haley v London Elec Board. Hammer blindman.
Proximity
Alexandrou v Oxford. Shop burgled, police link, no police, not liable.
Fair Just reasonable.
Stansbie v Troman. Decorator, unlocked theft.
Omission liability. D no duty of care, to stop harm to self.
Kirkhan Alderton, suicide, known.
Orange v chief constable west yorkshire. Not known.
3rd Party acts - Hill v cief constable of west yorkshire. Y.ripper. No relationship.
