Unit 2 Negligence AQA Complete Summerised Notes

Unit 2 Negligence AQA Complete Summerised Notes On Duty Of Care, Breach Of Duty, Damage And Damages...

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Duty of Care
To establish if a duty of care is owed the courts use the three part Caparo V
Dickman test.
The first part is Foreseeability: Is it foreseeable to someone in the defendant's
position that someone in the claimant's position might be injured?
Kent V Griffiths: it would be reasonably foreseeable that someone making a 999
call may be further injured if the ambulance is delayed or does not turn up.
The second part is proximity: this is when there is space, time or relationship.
Bourhill V Young: There was no proximity because she went to to the accident
after it had happened and it was in a different location to where she was. There
was also no proximity in relationship.
McLoughlin V O'Brien: There was proximity in relationship as the claimant was
related to victims of the crash.
The third part is reasonableness: is it fair, just and reasonable to impose a duty
of care. This usually just a public policy matter. Floodgates.
Hill V Chief Constable of West Yorkshire: unfair to impose duty of care as the
defendant had interviewed the murderer and felt no danger to release him.
Negligence Duty of Care Neighbour Test
Donoghue V Stevenson set out the neighbour principle. This is when the court
considers to whom a duty of care is owed to that is to anyone the consequences
could directly affect.

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Breach of Duty Factors affecting the
standard of care
Degree the risk: the bigger the risk the size the higher the standard of care.
Bolton V Stone: The risk was small as it was rare for the tennis ball to cause an
accident so the standard of care was lower.…read more

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Damage Causation in fact
Causation in fact is determined by the 'but for' test. The test is satisfied if it can
be said 'but for the defendant's acts or omissions the claimant would not have
suffered the loss or harm'
Barnett V Chelsea and Kensington when in fact the hospital could not have to
done anything to save the patient's life. The cause of death was resulting from the
poison taken not the hospitals failure to examine him properly.…read more

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Type of Harm Foreseeable
As long as the type of harm is foreseeable it doesn't matter if the way it happened
wasn't. The defendant can still be liable as long as the type of harm is foreseeable.…read more

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NEGLIGENCE: DAMAGES
STARTING A CIVIL CASE
A civil case starts with a dispute between the claimant and defendant. It is usually
tried to be solved by negotiation to reach a settlement, if they reach a settlement
the case comes to an end. If the parties can't settle the case they will hire a
solicitor who will try and negotiate with the other side and try to settle the case for
the client.…read more

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WHAT IS A PREACTION PROTOCOL?
A list of things to be done to prepare the case including giving information to each
other the court encourages this as they prefer you coming to a settlement without
having to involve the court. The claimant sends the letter to the defendant which
sets out the information including, 1) details of the claim, 2) why the other party is
at fault and the 3) details of the harm suffered.…read more

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To issue the claim form you have to pay a court
fee. The amount of the fee depends on the value of the claim.
RESPONDING TO A CLAIM FORM
When the defendant receives the claim form he has 14 days to respond to it. If the
defendant fails to respond to the claim the court assumes that the defendant is
liable for all the damages claimed by the claimant.…read more

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BURDEN OF PROOF
"HEAVY RESPONSIBILTY OF HAVING TO PROVE THE CASE." The claimant
has the burden of proof in a civil case and has to persuade the jury.…read more

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GENERAL AND SPECIAL DAMAGES
TYPES OF DAMAGES DESCRIPTION EXAMPLES
General damages Not money based. Cannot Pain + suffering
be calculated as a Loss of amenity
precise amount. (hobbies)
Future losses ­ don't
know how long injuries
will last for
Special damages Can be calculated Loss of past earnings
precisely. Medical expenses
Travel expenses
Damage to property
LUMP SUMS
LUMP SUMS = at the end of the court case you get it all at once.…read more

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