Tort
- Created by: Areej28
- Created on: 17-01-18 11:41
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)
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