Tort Law: Negligence – Key Principles and Cases
1. Definition of Negligence
● Blyth v Birmingham Waterworks Co.
Negligence is the failure to do something a reasonable person would do, or doing something a
reasonable person would not do.
2. Duty of Care
Establishing a Duty of Care
● Donoghue v Stevenson
A person owes a duty of care to avoid acts or omissions that could reasonably foreseeably injure
their "neighbour" (i.e. anyone closely and directly affected by their actions).
● Robinson v Chief Constable of West Yorkshire Police
Three ways to establish a duty of care:
1. Existing precedent - eg. judge made decision which is binding to follow
2. Statutory authority - eg. Road Traffic Act 1988
3. Incremental approach – build on existing categories cautiously.
3. Breach of Duty
What is a Breach?
● A breach occurs when a person falls below the standard of care expected.
● It is judged objectively – What would a reasonable person have done?
Key Cases on Standard of Care
● Nettleship v Weston
Learners must meet the standard of a reasonably competent person (e.g., learner driver held to
the standard of a qualified driver).
Different Classes of Defendants
● The standard may differ depending on the type of defendant:
1. Definition of Negligence
● Blyth v Birmingham Waterworks Co.
Negligence is the failure to do something a reasonable person would do, or doing something a
reasonable person would not do.
2. Duty of Care
Establishing a Duty of Care
● Donoghue v Stevenson
A person owes a duty of care to avoid acts or omissions that could reasonably foreseeably injure
their "neighbour" (i.e. anyone closely and directly affected by their actions).
● Robinson v Chief Constable of West Yorkshire Police
Three ways to establish a duty of care:
1. Existing precedent - eg. judge made decision which is binding to follow
2. Statutory authority - eg. Road Traffic Act 1988
3. Incremental approach – build on existing categories cautiously.
3. Breach of Duty
What is a Breach?
● A breach occurs when a person falls below the standard of care expected.
● It is judged objectively – What would a reasonable person have done?
Key Cases on Standard of Care
● Nettleship v Weston
Learners must meet the standard of a reasonably competent person (e.g., learner driver held to
the standard of a qualified driver).
Different Classes of Defendants
● The standard may differ depending on the type of defendant:
