Lecture notes
Factual causation in negligence
Factual causation in the law of negligence
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Relationship in which D's carelessness may have legal consequences If set by precedent/statute
No precedent
o Then - novel duty situation?
o Incremental test
Precedent - where does tort law already say that D owes C duty of care?
Cases
D is motorist, C is road-user
C suffers physical injury
o Mitchell v Glasgow CC - liability of public body
o Nettleship v Weston - learner driver case
D employs C, C suffers foreseeable physical/psychiatric harm
D owes C employee duty to provide safe space/system of work
D is healthcare provider, C is patient
D owes C duty - diagnosis + treatment + advice
Doctors/nurses/midwives/physiotherapist/receptionist at hospital
o Receptionist: Darnley and Croydon Health Services NHS Trust 2018
D is school/teacher, C is pupil
Duty to take care in relation to child's physical welfare + educational needs
D is transport operator, C is passenger
Silverlink Trains Ltd v Collins-Williamson
Fernquest v City of Swansea
o Bus operator owes duty of care to passenger as long as they are on bus
D is jailer/custodian, C is prisoner
Statute
D is occupier of land, C is visitor
Occupier's Liability Acts 1957/1984
D is manufacturer, C is consumer
Consumer protection act - if certain criteria satisfied
Damage
Physical damage -
C suffers personal injury/property damage that is reasonably foreseeable caused by D's direct +
positive act
How damage occurs:
Direct
If not direct then indirect if 3rd party caused C's harm
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