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Duty of care
To establish duty of care the neighbour principle by Lord Atkin in Donoghue v Stevenson must be
satisfied. It must be shown C is closely and directly affected by what D does or does not do.

Also, the modern approach from Caparo v Dickman must be satisfied.…

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responsible for the cut on Cs lip and the cancer that resulted from this. D must take V with any
weaknesses and is responsible for the outcome.

If other factors could have caused the result D will not be liable. In Wilsher v Essex HA a number of
factors could…

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Therefore, damage is established.

Court & Procedure
Here, because C is claiming for £... the case would be allocated to the: ... track.

Many cases are dealt with by Alternative Dispute Resolution (ADR): negotiation, mediation,

conciliation, arbitration. The burden of proving the case is on C who must prove it…

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Pecuniary loss is financial and is known as special damages as the amount can be calculated precisely.
E.g. loss of earnings: actual or future (multiplier and multiplicand); replace or repair property; private
medical expenses (Law Reform (Personal Injury) Act 1948). C can claim for ...

Non-pecuniary loss is non financial…


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