Slides in this set

Slide 1

Preview of page 1

LAW02…read more

Slide 2

Preview of page 2

· After studying this topic,you should be
able to:
· Outline what duty of care, breach of duty
and damage is.
· Explain causation (Tort) using cases
· Outline the court procedures, the three
tracks and damages (compensation)
· Able to answer application of knowledge
questions.…read more

Slide 3

Preview of page 3

Unit 2B : Tort
· Negligence
· In order for a person to succeed in a negligence
case, the act of the defendant must fall within the
relevant definitions. There are three elements in
which is needed to prove negligence
· 1) Duty of care was owned by the defendant to
the claimant
· 2) The duty has been breached by the defendant
· 3) The damage which was caused by the breach
of the defendant.…read more

Slide 4

Preview of page 4

Duty of care
· Duty of care is when a person has a duty
or a responsibility to take care or look out
for others.
· Established in the case of (Donoghue v
Stevenson )(1932) ­ This case
established the neighbour principle by
Lord Atkins (Quote ­ refer to text book
page 211)…read more

Slide 5

Preview of page 5

Duty of care
· To prove Duty of care ­ there are three rules the courts
must consider. This is the incremental (three part) test,
illustrated in the case of (Caparo v Dickman 1990).
· 1) Was the injury reasonable foreseeable? (Kent v
Griffiths 2000)
· 2) Is there sufficient proximity between the defendant
and the claiment. (Bourhill v Young 1943)
· 3) Is it fair, just and reasonable to impose a duty. (Hill v
chief constable of West Yorkshire 1998)…read more

Slide 6

Preview of page 6

Breach of duty
· Breach of duty occurs when the duty has been
breached. This is when the defendant had
broken the duty of care by failing to reach the
standard of care.
· Courts use reasonable man test to determine
whether the duty has been breached.
· The reasonable man test was established in
the case of (Blyth v Birmingham
waterworks 1865)…read more

Slide 7

Preview of page 7
Preview of page 7

Slide 8

Preview of page 8
Preview of page 8

Slide 9

Preview of page 9
Preview of page 9

Slide 10

Preview of page 10
Preview of page 10


No comments have yet been made

Similar Law resources:

See all Law resources »