AQA AS Law- Tort-Liability by Negligence

  • Created by: EmK123
  • Created on: 20-05-16 09:53

Civil Procedure

Alturnative Dispute Resolution (ADR)

  • Negotiation
  • Mediation
  • Conciliation
  • Arbitration

Pre Action Protocol: C must provide:

  • Details of the claim
  • Details of the injuries/harm
  • Any other relevant details
  • D has 14 days to respond

Which Court?

  • County: Claims up to £100,000 or £50,000 for Personal Injury (PI)
  • High: Claims over £100,000 and over £50,000 for PI.

Issuing a cliam: Using a N1 form

  • Claim = £300, you pay £35.
  • = £3,000 = £120
  • = £300,000 = £1670
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Civil Procedure 2

Defending a Claim: D can...

  • Admit and pay = C wins
  • Defend the claim = goes to court
  • Do nothing = C wins by order of default.


  • Small: up to £5,000 or £1,000 for PI. Heard in private (no lawyers).
  • Fast: up to £25,000. Use a timetable, one day in court and one expert witness.
  • Multi: over £25,000 or complex cases under this. Use a timetbale, ADR is encouraged.


  • Use timetables, ADR, judges discuss early on what issues to investigate and deal with issues without parties = no time wasting or full hearings.
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Civil Procedure 3

Res Ispa Loquitur: 'Things speak for themselves' C must show...

  • D was in control of the situation
  • The injuries must have been caused by negligence.
  • There is no other explanations.
  • Scott v London Docks- Bag of sugar
  • Mahon v Osbourne- Swab left in patient.


  • Pecuniary losses use special damages- used for quantifiable damage e.g. to a car.
  • Non- Pecuniary Losses use general damages- used for loss/suffering that can't be quanified.
  • Mitigation of loss: Claims must be keept reasonable.
  • Payment can be in installments or lump sum.
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Duty of Care:

  • Donoghue v Stevenson: Neighbour Principle.
  • Carparo v Dickman: Caparo 3 stage test.
  • Foreseeable: Kent (late ambulance) Topp (stolen bus)
  • Proximate: Osman v Ferguson (boys attacker) Hill (serial killer)
  • Fair just and reasonable: Capital (sprinklers)


  • Blyth: reasonable man test- fall below the standard excepted of them.
  • Doctors: Bolam
  • Learners: Nettleship
  • Children: Miller


  • Size: Bolton (criket ball)
  • Foreseeable: Roe (anaesthetic)
  • Worse harm: Watt (fire truck)
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Tort 2

Special characteristics:

  • Paris- Partly blind
  • Latimer- precautions were taken


  • Causation: Barrnet v Hospitals- 3 night watchmen
  • Remoteness: Wagon Mound
  • Thin Skull: Smith v Leech Brain
  • Type of injury = foreseeable: Hughes.
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