AQA LAW04 Law of Tort Revision

Full revision sheet on the area of law of tort in LAW04. Includes: negligence, OLA 1957/84, product liability etc

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  • Created on: 14-04-14 14:11
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LAW04 Unit 4B Tort
Negligence Negligence Economic loss Occupie
y Act
Existence of a duty of care Behaviour of reasonable person Economic loss is any loss which leaves a C S1 (1) The act applies to visitors in respect to
DoC is a duty an individual owes to 1.Likelihood of injury ­ Bolton v Stone financially less well off. "dangers due to the state of the
another to take proper care of the other. premises". Owago v Taylor.
2.The seriousness of the consequence(s) ­ Anyone in occupation or control of the
A person owes a duty to anyone who is Paris v Stepney Borough Council Pure economic loss (2) premises.
his neighbour ~ THE NEIGHBOUR (Where the C suffers an economic but not a Any fixed or moveable structure,
PRINCIPLE (Donoghue v Stevenson)
3.The value of the conduct ­ Watt v
Hertfordshire CC physical loss) (3)(a) including any vessel, vehicle or aircraft.
4.Cost of precautions ­ Latimer v AEC
Spartan Steel & Alloy v Martin ­ an EL Wheeler v Copas.
Establishing a duty caused by a physical loss can be recovered, Obligation of a person occupying or
having control over any premises or
Test laid down in Caparo v Dickman: an EL that stands alone cannot be. The (3)(b) structure.
foreseeability, proximity and fair, just and Causation courts will not grant compensation for EL as
But for test established in Cork v Kirby McLean An occupier owes a common duty of
reasonable. a result of negligent acts.
care to lawful visitors. Lowery v
S2 (1)
Breach of duty Remoteness of damage Negligent misstatement The visitor is reasonably safe in using
To prove the D has breached the duty The D is not liable for damage considered to be Hedley Byrne v Heller ­ the courts may
the premises for the purposes for
the courts will use the reasonable man too remote as long as it is not reasonably grant compensation for pure EL as a result which he is invited.
foreseeable ­ Wagon Mound (No.1) (2) An occupier must be prepared for
test laid down in Blyth v Birmingham of a negligent misstatement. The criteria:
Waterworks Co. where negligence is 1 .The D possesses a skill/expertise ­ children to be less careful than adults.
Moloney v Lambeth LBC.
doing something that a reasonable man usually professional adviser but is not An occupier should protect against
would not do or doing something a necessary as in Lennon v MPC. (3)(a) allurement(s). Glasgow Corporation v
reasonable man would do. 2 .The D voluntarily assumes Taylor.
An occupier may expect that a visitor
responsibility will guard against any special risks
Reasonable person CL within his own trade. General Cleaning
3 .Known user ­ Caparo v Dickman ­
Nettleship v Weston ­ the reasonable liability only exists if the maker can Contractor's v Christmas / Roles v
man test is objective and the D will be identify who will rely on the statement. Nathan.
measured against the standard of a (3)(b) The occupier may be able to carry out
reasonable person.
4 .Known purpose ­ Law Society v KPMG his duty by providing reasonable
Peat Marwick ­ liability can only exist

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LAW04 Unit 4B Tort
Haley v London Board of Electricity ­ when the D should know that his warnings to keep the visitor safe. Rae v
the reasonable man takes account of the statement is passed to a third party. Mars.
The occupier is not liable if the visitor
weaknesses of others. 5.Reasonable reliance ­ Smith v Bush ­ a
Mullin v Richards ­ a D will be judged by
is injured due to an outside contractor.…read more

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LAW04 Unit 4B Tort
Law on OLA 1984 was changed CL Negligence ­ Donoghue v Stevenson ­ a Private nuisance is an indirect, unlawful Public nuisance is an activity which directly
by the case of Herrington v British manufacturer owes a DoC to the interference for a substantial length of time with interferes with the safety or convenience of a
Railways. consumer of his goods. a person's right to enjoy or use his land in a section of the general public.…read more

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LAW04 Unit 4B Tort
Rylands v Fletcher Vicarious Vicarious liability Psychiatric damage
liability…read more

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LAW04 Unit 4B Tort
The rule in Rylands v Fletcher Vicarious In the course of employment Psychiatric damage is the long term mental
A D is liable if, on his own land, liability is Authorised acts ­ Century consequences of being involved in, or
he accumulates a dangerous when the Insurance v Northern Ireland Road witnessing, a horrific event. This definition
substance during the course of a employer is Transport Board ­ negligent acts excludes ordinary grief and suffering.…read more

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LAW04 Unit 4B Tort
nonnatural use doesn't the tort reasonable fortitude what have sustained
include ordinary use of the during the the injury.
land. course of his
5.Escape ­ the C must show employment.
that the substance escaped. A worker is
Read v Lyons ­ there is no someone
escape if the substance did who
not leave the D's control. performs
6.Reasonably foreseeable services in
damage ­ damage which is return for
reasonable foreseeable is payment.
recoverable.…read more

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LAW04 Unit 4B Tort
Club ­ a
is an
e if he
2.…read more

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LAW04 Unit 4B Tort
Evans ­
if a
s work
is an
ry then
they are
not an
3.…read more

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LAW04 Unit 4B Tort
r all the
facts of
the case
the D is
Damages for loss to property.
Damages for personal injury.
Pain, suffering and loss of amenity: part of an award for damages which compensates a C for his injuries and for the consequent reduction in the quality of life.
Future medical care and personal assistance.
Loss of future earnings.
Occupiers Liability Act 1957
Damages for death and personal injury.…read more

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LAW04 Unit 4B Tort
Product liability
By S5, a C is able to sue for death/personal injury and damages to property (including damage to land).
Personal property ­ £275+
Commercial property ­ no claim


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