Tort

?
  • Created by: Areej28
  • Created on: 17-01-18 11:41

1. what is remoteness of damage and give a case example of this

  • if the damage is too far removed from the defendants negligence the claimant will not be able to claim for that damage- overseas tankship v morts dock
  • cope v sharpe
  • known as the 'but for test'
  • was foreseeable
1 of 5

Other questions in this quiz

2. what is the caparo test and what must you show using it?

  • proximity doesn't have to be close as any injury is serious
  • modern day test for deciding if there is a duty of care. 1. foreseeable damage 2. sufficiently proximate relationship 3. just and reasonable to impose a duty
  • exactly like the neighbor test
  • a test for deciding what punishment to give the defendant

3. What 3 things do you need to prove in negligence?

  • the injury was more likely to have been caused by negligence
  • 1. The other person owes you a duty of care 2. There was a breach of that duty of care 3. You have suffered damage to you person/property as a result of that breach
  • proximate relationship
  • foreseeable damage

4. What cases does negligence cover?

  • theft
  • car crashes, medical negligence, defective workmanship
  • murder
  • abuse

5. give an example of a case that was passed due to duty of care

  • bolton v stone (1951)
  • donoghue v stevenson (1932)
  • bourhill v young (1943)
  • smith v leech brain & co (1962)

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Law of Tort resources »