Law of Tort

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  • Created by: launa07
  • Created on: 05-01-16 16:17
in the context of the duty of care in negligence explain the role of public policy in relation to claims against the police.
the courts are reluctant to find public authorities like the police negligent,the courts are reluctant to find liability to avoid interfering with the polices freedom of investigation.This is as shown by cases such as Hill V Chief constable of york
1 of 10
identify 2 statutory torts
Animals Act 1971,Consumer Protection Act 1987,Liability Acts 1957/1984,
2 of 10
explain the difference between a primary victim and a secondary victim
a primary victim must be directly involved in the incident or who is within the zone of physical danger,secondary victims are someone who isn't directly involved but who suffers physical injury of what was saw or heard.
3 of 10
state the test for proving a breach of a duty of care in negligence
the reasonable man test-the omission to do something that a reasonable man would do
4 of 10
identify and explain 1 test for establishing causation in fact
The But For Test - Barnett v Chelsea & kensington, the claimant wouldn't of suffered loss but for the negligence.Or the material increased risk test .
5 of 10
give an example of general damages
pain and suffering,mental distress,future loss of earnings,future cost of care,lost years
6 of 10
explain the neighbor test
one must take reasonable care to avoid acts which may harm a neighbor,who is someone so closely/directly affected that they should be in mind when directing an act in question Donoghue V Stevenson
7 of 10
give an example of Special damages
transport costs to & from hospital,private medical treatment until the court date,financial loss,special equipment ie stair lift
8 of 10
state the purpose of damages in negligence
the purpose of damages in tort is to put the claimant in the position he would of been in if the negligence would not of taken place.
9 of 10
identify 3 tests for establishing if a person is an employee
the control test,the organisation test & multiple/economic reality test
10 of 10

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Card 2

Front

identify 2 statutory torts

Back

Animals Act 1971,Consumer Protection Act 1987,Liability Acts 1957/1984,

Card 3

Front

explain the difference between a primary victim and a secondary victim

Back

Preview of the front of card 3

Card 4

Front

state the test for proving a breach of a duty of care in negligence

Back

Preview of the front of card 4

Card 5

Front

identify and explain 1 test for establishing causation in fact

Back

Preview of the front of card 5
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