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)

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Page 1

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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…

Page 2

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3) 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,…

Page 3

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C can only claim once (Barker v Corus)

Pecuniary Loss: Financial
Non-pecuniary loss: Not financial

Mitigation:
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…

Page 4

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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…

Page 5

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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. Defence Form if D believes they aren't liable
5) Allocation Questionnaire:…

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