Negligence evaluation - Advantages and disadvantages table in A Level and IB Law

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Created by: __Jess
Created on: 08-12-22 09:15

Negligence evaluation

Advantages

"But for" test allows all claimants are treated in the same way.
Allowing special claimant characteristics to be considered makes it fairer.
Fair that there should be no liability if the act benefits society.

Disadvantages

Legal causation does not provide consistent outcomes. (Lamb v Camden Counil)
Remoteness of damage can be unfair to the claimant as it limits the defendant's liability (Doughty v Turner Asbestos).
"Breach" isn't really defined.
Proximity test has never been fully established.
Overlap between the tests for reasonable foreseeability required for a duty of care and remoteness of damage.
Fair, just and reasonable test is vague.

Evaluation

Overall, negligence is a relatively fair test. However, many of the parts of it are poorly defined, creating uncertainty for the claimant and defendant.

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