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Negligence - Coggle Diagram

- - - - a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would’
        
        Establishing a duty of care
        
        statutory authority (road traffic act 1988)
        
        Reason by analogy
        
        existing precedent (donoghue v stevenson) or
        
        The UK Supreme Court case of Robinson v Chief Constable of West Yorkshire Police (2018) states that there is no single test for establishing a duty of care and that what the claimant should do is:
    - - A person breaches their duty of care when they fall below a particular standard of behaviour.
    - - Legal Causation. This includes remoteness of damage and type of foreseeable harm
        
        Wagon Mound
        
        Thin skull rule-underlying medical condition-Smith v Leech
        
        Factual causation-But for test
        
        Barnett v Chelsea
    - - Children-Standard of care judged with the same age
      - People in sport-higher degree of care required of a player in a First Division football match than of a player in a local league
      - Professionals-The standard is ‘the standard of a reasonable person of that profession’.