Tort Based Liability; Unit 4 - 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 scebario section of the course; General Neglience, Medical Negligence, Personal Injury, Psychiatric Damage, Economic Loss, Product Liability, Consumer Protection Act, Occupiers Liability (1957 Act and 1984 Act), Nuisance (Private, Public and the rule in Rylands v Fletcher) and Vicarious Liability

Pages in this set

Page 1

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`The Tort of Negligence
Duty of Care:
Duty of care was established by applying the `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)

Established duties of care:
Manufacturer / Consumer
Road user /…

Page 2

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2) Seriousness of Consequence: The more serious the consequences the higher the duty (Paris
v SBC)
3) Value of Conduct: If D's actions were saving a socially useful purpose the court will "balance
the means against the risk" (Watt v HCC)
4) Cost of Precautions: D isn't expected to take…

Page 3

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Expressly/Impliedly agrees to waive any claims in respect of such inury
Can be voluntary if they have no knowledge of the risk (Murray v Harringay Arean)
Mere knowledge of the risk doesn't amount to consent (Smith v Baker), full knowledge is required
(Morris v Murray)




Personal Injury (Damages)
Damages seek…

Page 4

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Special Damages:
Out of pocket expenses from the date of the injury to the date of the trial
Include:
Loss of wages
Medical Expenses
Travel Expenses
C can claim damages for any damage to property; the court will award the cost of repair and
replacing the property ­ unless it…

Page 5

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"Persons who are so closely and directly affected by my act I ought reasonably to have them in my
contemplation" (Donoghue v Stevenson)
Established duty of care between doctors and patients as they assume responsibility for them and its
reasonably foreseeable that a failure to exercise reasonable care could lead…

Page 6

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Loss of Chance: Medical negligence increases risk of damage where there was already a risk because
of the nature of the medical condition (Gregg v Scott)
Failure to Inform: Doctor has a duty to inform the patients of any risks (Chester Atshor)




Psychiatric Damage
More widely known as nervous shock…

Page 7

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They must have been involved in, or witnessed, a sudden shocking event (Sion)

Duty of Care:
Only owed to primary or secondary victims of the event
Court is willing to allow other claims to appropriate circumstances

Primary Victims:
Someone who is injured, or fears injury, and suffers psychiatric harm as…

Page 8

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Egg Shell Personality only applies if a person of reasonable fortitude would have
suffered some harm
4) Primary Victims Owe no Duty to a Secondary Victim:
An individual does not owe a duty to anyone to look after him (Greatorex v
Greatorex)

Other `Appropriate' Circumstances:
C mistakenly believes they were…

Page 9

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Pure Economic Loss:
Standalone economic loss ­ no physical loss
C suffers a money loss but no physical loss (Cattle v Stockton Waterworks)

Exceptions:
Negligent Misstatement:
D makes a statement to someone to whom he owes a duty of care but, due to his negligence, the
statement is inaccurate to…

Page 10

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Product Liability
Duty of Care:
Duty of care was established by applying the `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)
Established duty of care between manufacturers and consumers
It is reasonably foreseeable…

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