Tort Based Liability; Unit 2 - Notes

Notes made from a combination of resources including the Nelson Thornes text book and Philip Allan revision guide.

Covers the Tort Liability option for the second half of the course; Liability in Negligence (Duty of Care, Breach of Duty and Causation) and the Civil Courts and Damages (Courts and Appeal System, Procedure to Trial and Damages)

HideShow resource information
Preview of Tort Based Liability; Unit 2 - Notes

First 388 words of the document:

The Tort of Negligence
Duty of Care:
A duty to take care of others or look after them
Established by applying Lord Aitken's `Neighbour Test': "Persons who are so closely and directly
affected by my act I ought reasonably to have them in my contemplation" (Donoghue v Stevenson)
New duty of care circumstances are established using a 3 stage test (Caparo v Dickman):
1) Is it reasonably foreseeable that D's negligence will cause damage to C? (Kent v Griffiths
2) Is there a relationship of sufficient proximity (closeness) between D and C?
Space (Bourhill v Young)
Relation (McLoughin v O'brein)
3) Is it fair, just and reasonable to impose a duty of care onto D? (MPC v Reeves)
Controlling the floodgates of litigation
What's best for society as a whole? (H v CCWY)
Omissions will only suffice if there was a legal duty to act (Barnes v HCC)
Breach of Duty:
D must omit "to do something which a reasonable man would do, or doing something a reasonable
man wouldn't do" (Blyth v BWW)
Must consider the weakness of others (Hayley v London EB) ­ Egg Shell Rule
1) Children and Disabled people: Measured against reasonable people like them (Mullins v
2) Professionals: Being a professional has implications of higher standards; they will be
compared to the reasonable person in that industry (Philps v Whitely)
a. Bolam v Friern Hospital:
i. Is there a body of opinion within the profession that would support the
ii. Does the conduct fall below the standard of ordinary competent
b. Bolitho v Hackney Health:
i. Court decides whether the generally accepted practice has a logical and
reasonable basis
Theoretically possible for the entire profession to be found
The court will look at the risk factors:
1) The precautions D takes must match the size of the risk
High risk:High precautions (Hayley v LEB)
Low risk:Reasonable precautions (Bolton v Stone)
No known risk means there is no duty (Roe v MOH)
2) The more serious the consequences the higher the duty (Paris v SBC)

Other pages in this set

Page 2

Preview of page 2

Here's a taster:

The social utility of D's conduct will be balanced against the risk (Watt v HCC)
Standards of care can be lower when making a rescue (Day v High Performance)
4) D isn't expected to take expensive precautions to do all they can reasonable do to guard
from the risk, even if injury isn't prevented (Latimer v AEC)
5) D is expected to be reasonably competent when carrying out their task (Wells v Cooper)
Standards may rise but not fall below the standards expected (Nettleship v…read more

Page 3

Preview of page 3

Here's a taster:

C can only claim once (Barker v Corus)
Pecuniary Loss: Financial
Non-pecuniary loss: Not financial
Minimising the loss by seeking reasonable action to do so
C does not have to be too careful, the actions taken must be reasonable
Special Damages:
Financial expenses incurred from the date of the injury to the date of the trial that are particular to C
Loss of wages (Average of previous 26 weeks earnings)
Medical Expenses
Repair and Replacement of goods (evidence via receipt)
General Damages:
Covers…read more

Page 4

Preview of page 4

Here's a taster:

Maximum financial limit is £50000
Uses a 3 track system (Civil Procedure Rules):
1. Small Claim Track:
Cases of a financial value of less than £5000 (£1000 if
personal injury)
Only used by straightforward cases
2. Fast Track:
Financial value between £5000-£15000
Relatively simple and last no more than 1 day
Limited oral evidence
3. Multi Track:
Financial value of over £15000
Contains a complication point of law
High Court
Complex cases with lots of money
3 divisions:
1.…read more

Page 5

Preview of page 5

Here's a taster:

Court issue fee
3) Acknowledgement of Service is completed
If D doesn't respond within the 14 days C will win the case via default judgement
4) Defence is sent
a. Admission Form if D wished to admit liability
b.…read more


No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »