Tort Law

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What needs to be proved to sue a person for negligence?
The the defendant owed a duty of care, that the defendant has breached their duty and the breach caused the damage or injury
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What test is used for a duty of care?
Caparo v Dickman
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What are the three questions in the Caparo v Dickman test?
Was the damage or harm reasonably foreseeable? Is there a sufficient proximity between the claimant and the defendant? Is it fair, just and reasonable to impose a duty of care?
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What are the cases for was the damage or harm reasonably foreseeable?
Kent v Griffiths and Bourhill v Young
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How does Kent v Griffiths show the damage or harm was reasonably foreseeable?
There is a foreseeable risk that the claimant would suffer harm from the failure of an ambulance turning up late
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How does Bourhill v Young show the damage or harm was reasonably foreseeable?
There is no foreseeable risk between the motorbike crash and a women having a still birth
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What are the cases supporting is there a sufficient proximity between the claimant and the defendant?
Hill v CC of West Yorkshire Police and Osman v Ferguson
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How does Hill v CC of West Yorkshire Police show a sufficient proximity between the claimant and the defendant?
There was no proximity as the police didn't know who the next victim of the yorkshire ripper would be
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How does Osman v Ferguson show a sufficient proximity between the claimant and the defendant?
The police knew the young boys stalker but failed to act leading to the death of the father
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What are the cases supporting is it fair, just and reasonable to impose a duty of care?
Capital & Counties v Hampshire CC and MPC v Reeves
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How does Capital & Counties v Hampshire CC support is it fair, just and reasonable to impose a duty of care?
The firefighter turned off the sprinkles so had a duty for the houses that burnt down
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How does MPC v Reeves support is it fair, just and reasonable to impose a duty of care?
The claimant was a known suicide risk but was not put on suicide watch
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How will the defendant breach their duty of care?
The defendant will breach his duty if they fail below the standard of the reasonable man
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Define the reasonable man
The ordinary person performing the particular task reasonably competently
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What case supports the reasonable man?
Blyth v Birmingham Waterworks
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What are the standards of care?
The ordinary man, the learner, the young and the professional
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Define the ordinary man
The defendant is expected to reach a standard set of a reasonably competent person doing the same task
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What case supports the ordinary man?
Wells v Cooper
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What happened in Wells v Cooper?
The defendant incorrectly fitted a door handle so fell below the standard of the ordinary man
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Define the learner
The standard expected of learners is the same as a reasonably competent person doing the same task
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What case supports the learner?
Nettleship v Weston
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What happen in Nettleship v Weston?
The defendant gave the learner whiplash when learning to drive so fell below the standard of the learner
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Define the professional
The professional is judged against the standard set out by other professional in the same job
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What case supports the professional?
Bolitho
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What happens in Bolitho?
The professional failed to respond to a beeper so which any other professional would not do
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Define the young
The standard is of a reasonable competent person of the same age
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What case supports the young?
Mulins v Richard
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What happened in Mulins v Richard?
Two young children were playing with ruler when one snapped and landed in a child's eye
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Why must the risk be reasonably foreseeable in a breach of duty?
The defendant will not have breached their duty if the harm was not foreseeable
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What case supports reasonable foreseeable?
Roe v Minister of Health
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What happened in Roe v Minister of Health?
There was microscopic cracks in tubes which was not foreseeable
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What are the risk factors in breach of duty?
Claimants special characteristics, size of the risk, practical precautions and the benefits of taking the risk
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What case supports the claimants special characteristics?
Paris v Stepney Borough Council
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What case supports the size of the risk?
Latimer v AEC
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What case supports practical precautions?
Bolton v Stone
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What case supports the benefits of taking the risk?
Watt v Hertfordshire CC
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What happened in Paris v Stepney Borough Council?
The company failed to provide safety goggles leading to the claimant going blind in his other eye
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What happened in Latimer v AEC?
Small risk as they soaked up most of the water so didn't need to take as much care
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What happened in Bolton v Stone?
Even though cricket balls kept going into back gardens even though a higher fence was built so all practical precaution have been taken
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What happened in Watt v Hertfordshire CC?
A firemans leg was trapped by a jack but the benefit of freeing a woman was greater
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What is included in damages?
Factual causation, novus actus interveins and remoteness of damages
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What is factual causation?
But for the defendants actions the claimant would not have suffered loss or injury
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How is factual causation tested?
But for test
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What cases supports factual causation?
Barnett v Chelsea and Kensington Hospital
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How does Barnett v Chelsea and Kensington Hospital show factual causation?
But for Barnett being sent home he would not have died of arsenic poisoning
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What is the case for multiple defendants being sued?
Fairchild
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What happened in Fairchild?
The claimant was exposed to asbestos by multiple defendants so all of the defendant were held liable
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What is novus actus interveins?
If there is some form of intervening act, then the duty of the defendant will not be breached
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What cases support novus actus interveins?
MPC v Reeves and Orange v CC of West Yorkshire
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What happened in MPC v Reeves?
He was a known suicide risk who was not put on suicide watch so died
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What happened in Orange v CC of West Yorkshire?
He was not a known suicide risk so was not an inter
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What is remoteness of damage?
The damage must not be too remote from the defendant's negligence so the damage has to be reasonably foreseeable
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What cases supports remoteness of damage?
The Wagon Mound
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What is type of injury is foreseeable?
The defendant will be liable if the type of injury was foreseeable, even if the precise way it happened was not
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What is the main case supporting the type of injury foreseeable?
Hughes v Lord Advocate
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What happened in Hughes v Lord Advocate?
Two boys went exploring a manhole using paraffin lanterns.Therefore any injury relating to fire was foreseeable
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What other cases support type of injury foreseeable?
Bradford v Robinsons Rental and Doughty v Turner Asbestos
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What happened in Bradford v Robinsons Rental?
Any cold related injury was foreseeable due to the heaters in the van not working
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What happened in Doughty v Turner Asbestos?
An asbestos lid was knocked into a cauldron causing an unforeseeable explosion
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What is the thin skull rule?
You must take your victims as you find them even if they have a hidden medical condition
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What case supports the thin skull rule?
Smith v Leech Brain
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What happened in Smith v Leech Brain?
Claimant suffered a burn to his lip which led to the development of a cancer tumour
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What court does a personal injury claim of up to £50,000 go in?
County Court
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What court does a personal injury claim of over £50,000 go in?
County Court or High Court
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What court does damage to property up to £25,000 go in?
County Court
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What court does damage to property over £25,000 go in?
County Court or High Court
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What are the stages in suing someone for negligence?
Pick a solicitor who activates the pre-action protocol, letter before claim, choose a court, claim forms, defence forms, allocation questionnaire, selection of track, case management and trial
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What are the values for small claims?
Personal injury of up to £1000 and property damage of up to £10,000
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What are the values for a fast track claim?
Both personal and property are up to £25,000
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What are the values for a multi track claim?
Both personal and property are over £25,000
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What happens in cases management?
Identify early issues and further evaluation of issues, encourages ADR and deal with procedural steps
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What is the burden and standard of proof?
It is the claimant's job to prove their claim and must prove it is beyond reasonable doubt
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Define res ipsa loquitur
The thing speaks for itself
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What must the claimant prove in res ipsa loquitur?
That the defendant was in control of the situation which caused the injury, the injury was most likely caused by negligence and there is no other explanation
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What is the burden of proof for res ipsa loquitur?
If the claimant can prove res ipsa loquitur, the defendant must prove they are not negligent
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What case supports res ipsa loquitur?
Mahon v Osbourne
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What happened in Mahon v Osbourne?
The claimant had a swab left in his abdominal so negligence was established
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What are the aims of damages?
To put the claimant back in the position that they would have been in if the incident had not occurred
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What are the two types of damages?
General (non-pecuniary) and special (pecuniary)
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What are general damages?
These damage that are difficult to put a figure on exactly how much should be awarded
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What is included in general damages?
Pain, suffering and loss of amenity (PSLA), future medical care and assistance, any medical expenses and future loss of earnings
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What cases supports any medical expenses?
Giambrone v JMC Holidays
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What is the PSLA?
Includes cosmetic or psychological damages, loss to quality of life, temporary or permanent injury, time spent in hospital and any ongoing pain
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What does the PSLA use to calculate damages?
JC Guidelines
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What are special damages?
Compensating the claimant for any losses that occurred up to the trial
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What type of damages come under special damages?
Medical expenses, loss of earning and any damage to goods
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How will you be paid?
Normally in one sum, but can be structured settlements and awards should be itemised
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What act says you can pay in a structured settlement?
Damages Act 1996
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What cases says all items must be ordered?
Jefford v Gee
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What test is used for a duty of care?

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Caparo v Dickman

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What are the three questions in the Caparo v Dickman test?

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What are the cases for was the damage or harm reasonably foreseeable?

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How does Kent v Griffiths show the damage or harm was reasonably foreseeable?

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