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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…

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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.…

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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…

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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.

The type of damage must also be foreseeable even if it comes in…

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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…

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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…

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copy of the claim form on the file. 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…

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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.

STANDARD OF PROOF
Is the amount by which the case must be proved? The standard of proof in a civil
case is…

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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…

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