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Liability in Negligence

Civil law is concerned with settling disputes between individuals
A civil case is started by the person who has suffered loss (the claimant) as the
result of a wrong which only directly affects him
The claim requires proof that the defendant was negligent
The claimant's usual remedy…

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The leading case today for Duty of care is the case Caparao V Dickman which gave
us the 'three part test'.

THREE PART TEST:

Was the damage foreseeable?
The issue of forseeability simply means that a reasonable person would of forseen
some damage or harm to the claimant at the…

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might divert resources and attention away from the suppression of crime. This would be
likely to lead to a lower standard of policing, not higher ones.


























A GRADE ANSWER
The major case of Donoghue v Stevenson initially laid down the criteria of imposing a duty of
care through the 'neighbouring…

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1. Was damage or harm reasonably foreseeable?
The issue of forseeability simply means that a reasonable person would of foreseen some
damage or harm to the claimant at the time of the alleged negligence.
A good case to illustrate this is Kent v Griffiths (2000) where a doctor called for…

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Are there any special characteristics of the defendant?
Are there any special characteristics of the claimant?
What is the size of the risk?
Have all practical precautions been taken?
What are the benefits of taking the risk?



Any special characteristics of the defendant?

The defendant is expected to be a…

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to hospital for an operation, you expect
the same standard from your surgeon
whether it is his first operation ever or not.
The test here is whether his operating to the
standard expected under a known and
accepted procedure. This can be seen from
the case of Bolam V Friern…

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the use of only one eye. While he was using a hammer to remove a
bolt on a vehicle a chip of metal flew off and entered his good eye.
This resulted in his becoming totally blind. The council did not
provide goggles for him to wear, in 1950, it…

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