Liability in Tort

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Explain the burden of proof and standard of proof in civil law.
The burden of proof is on the claimant to prove the defendant's liability on a balance of probabilities or 'more likely than not'.
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What are the three stages of establishing tortious liability?
Duty of care, breach of duty, causation (aka damages)
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What is the definition of negligence and what case set it out?
"The omission to do something the reasonable man would do or doing something the reasonable man would not." Blyth v Birmingham Waterworks. (Froze pipe causes claimaint's house to flood.)
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What does it mean to establish a duty of care?
Establishing duty of care means that the relationship between the defendant and the claimant was enough to place an obligation on the defendant to prevent injury to the claimant.
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What is the most important case for establishing duty of care? What Lord set its principle?
Donoghue v Stevenson (snail in the beer). Lord Atkin.
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What principle did Lord Atkin set?
Neighbour. "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would injure your neighbour." "A duty of care is legally owed to those so closely affected by my act that I ought to have them in consideration."
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What does Caparo v Dickman set out?
Caparo v Dickman sets out three elements judges must consider when establishing duty of care.
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What three elements of establishing duty of care does Caparo v Dickman set out?
Foreseeability (Is the damage foreseeable?), proximity (Is there a relationship?), reasonableness (Is it fair to impose duty of care?).
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What is the relevant case for proximity?
McLoughlin v Obrien.
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What is the case for foreseeability?
Kent v Griffiths
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What are the two cases for reasonableness?
MPC v Reeves (did not know suicidal) Orange 2001 (knew suicidal) Think 'floodgates principle'.
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In terms of 'breach of duty', what are the four types of reasonable man?
Ordinary, learner, professional, young person.
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What is the case for the ordinary man doing a task?
Wells v Cooper
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What is the case for a learner?
Nettleship v Weston
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What is the case for a young person?
Mullin v Richards
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What is the case for the principle that a professional's act must be supported by a relevant body?
Bolam v Friern Barnet
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Case showing the court can still decide the body of professionals are wrong.
Bolitho v Hackney Health Authority
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Case showing professionals are not expected to protect against risks that are not yet scientifically known.
Roe v Minister of Health.
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What are the four factors affecting standard of care?
special characteristics of the claimant, size of risk, practical precautions, benefits of taking the risk.
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Case for special characteristics of the claimant.
Paris v Stepney Council
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Case for size of the risk.
Bolton v Stone.
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Case for practical precautions.
Latimer v AEC
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Case for benefits of taking the risk.
Watt v Hertfordshire County Council.
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What are the three elements of causation in civil law?
The but for test, multiple causes, intervening events.
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Civil case with no factual causation.
Barnet v Chelsea and Kensington
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Explain the judicial discretion on multiple causes.
Where there are multiple causes, the rules on causation can be modified so the claimant will be able to sue each person/company. They will not be able to increase their damages by doing so. (see video)
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Case for multiple causes.
Fairchild v Glenhaven funeral services. (Asbestos)
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Civil case with an intervening event.
Smith v Littlewoods.
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What does remoteness of damage mean?
In civil law, the defendant will not be liable for losses caused that were too remote, meaning too unforeseeable.
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What are the three elements of remoteness of damage?
Reasonable foreseeability, the kind of damage, the thin skull rule.
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What case sets out the test of reasonable foreseeability?
Wagon Mound 1961.
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Case for the kind of damage.
Bradford v Robinson Rentals.
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Civil case for the thin skull rule.
Smith v Leech Brain.
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Card 2

Front

What are the three stages of establishing tortious liability?

Back

Duty of care, breach of duty, causation (aka damages)

Card 3

Front

What is the definition of negligence and what case set it out?

Back

Preview of the front of card 3

Card 4

Front

What does it mean to establish a duty of care?

Back

Preview of the front of card 4

Card 5

Front

What is the most important case for establishing duty of care? What Lord set its principle?

Back

Preview of the front of card 5
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