Tort

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  • Tort
    • Duty of Care
      • Donoghue v Stevenson
        • Snail in Ginger Beer
        • Duty of Care was owed
      • Lord Atkin: Neighbour Principle
        • "Closely and directly affected by my act"
        • Donoghue v Stevenson
          • Snail in Ginger Beer
          • Duty of Care was owed
      • Caparo Test
        • Reasonably Foreseeable
          • Jolley v Sutton LBC
            • Young boy was paralysed when a boat he was playing on slipped
            • Foreseeable that children would play on it
            • Duty of Care was owed
        • Proximity
          • Bourhill v Young
            • Woman suffered nervous shock and gave birth to a stillborn
            • Woman saw the aftermath of a motorcycle accident
            • No Duty of Care was owed
              • Rules of "time and space"
          • Rules of "time and space"
        • Fair, just and reasonable
          • Is there a public body to protect?
            • A Duty of Care was not owed
          • Would the floodgates open to other claims?
            • A Duty of Care was not owed
          • Hill v CC of West York
            • Police failed to capture Yorkshire Ripper, despite having sufficient evidence
            • C was the mother of the last victim
    • Breach of Duty
      • Remoteness of Harm
        • Stone v Bolton
          • Cricketball over a 17ft fence
          • Only happened 6 times in 30 years
          • No Breach of Duty
        • If there is a big risk, then D is expected to take more care
      • Degree of Risk
        • How serious is the potential harm?
        • Paris v Stepney BC
          • C was already blind in one eye
          • C lost sight in other eye when a piece of metal flew into it whilst welding at work
          • There was a breach of duty as D failed to supply C with goggles
        • Does C have any "special characteristics" that need to be considered?
          • Paris v Stepney BC
            • C was already blind in one eye
            • C lost sight in other eye when a piece of metal flew into it whilst welding at work
            • There was a breach of duty as D failed to supply C with goggles
      • Cost of Precaution
        • Latimer
          • C slipped on an oil spillage
          • D had layed down sawdust
          • There was no Breach of Duty as D had taken necessary precautions and to close the factory would be unreasonable
        • Has D taken any precautions?
        • Are the precautions taken in in proportion to the risk?
      • Potential benefits
        • If there are potential benefits for the society then this may outweigh the risk
        • Watt v Hertfordshire CC
          • Fireman was injured when a heavy jack swung round and hit him
          • No Breach of Duty as there was the potential to save lives, so the risk was justified
    • Causation
      • "But For" Test
        • Barnett
          • C's husband was sent home from hospital without treatment after suffering arsenic poisening
          • D was not liable as C's husband would have died anyway
        • Not too remote
      • Thin Skull Rule
        • Smith v Leech Brain Co
          • C's husband had a cancerous vulnerability
          • Molten metal spitted onto his lip
          • D was liable as they should have taken higher precautions
        • D must take C as they find him
      • Reasonable Foreseeable
        • Time and space
        • Was the type of damage foreseeable?
        • Wagon Mound No.1
          • A boat in a harbour spilt oil into the water
          • 2 days later the oil caught on fire when another boat started doing welding work
          • D was not liable because it was two days later
    • Damages
      • Mitigating loss
        • C musttake reasonable steps to reduce expenses
      • Special damages
        • Loss of earnings
        • Medical expenses
          • Cunningham v Harrison
            • C attempted to claim for a housekeeper and 2 nurses to sleep at his house to look after him
            • Unreasonably large
      • General damages
        • Pecuniary
          • Future loss of earnings
        • Non-pecuniary (non-financial)
          • Pain and suffering
          • Loss of amenity
          • Injury itself
    • Tracking
      • Small Claims
        • Up to £10,000
        • £1,000  for personal injuries claims
        • Heard in private by a district judge
        • No Costs Rule
      • Fast
        • £10,000 to £25,000
        • Heard in an open court by a circuit judge
        • More formal procedure
        • Max 1 day to be heard and only 1 expert witness
      • Multi
        • above £25,000
        • Usually heard in the County court, however in cases over £50,000 case will be heard in High Court
        • Complex cases
        • Case Management

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