Tort of Negligence (General Duty)

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  • Created by: pikhan
  • Created on: 29-05-18 08:21
Lord Atkin had came out with the neighbour test in Donoghue v Stevenson, what are the two elements?
reasonable foreseeability and degree of proximity
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Lord Oliver in Alcock v Chief Constable of South Yorkshire distinguished between primary victim and secondary victim. What is primary victim?
are those who are involved immediately as a participant
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"This is the test that is used to establish causation in fact. If the harm would not have happened 'but for' the defendant's negligent behaviour, the negligence is the cause of that harm" In which case law described the 'but for' test?
Cork v Kirby
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There were two tests found in two cases for remoteness of damage in causation. What are they?
Re Polemis and Wagon Mound (No. 1)
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List the other professionals to which the Bolam test applies
Auctioneers
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There are three ways to claim for nervous shock and which are not among the three ways
the claimant suffer difficulty in breathing, dizziness and claustrophobia
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Explain the 'thin skull' or 'eggshell skull' rule
A tortfeasor is liable for all consequences resulting from his/her tortious activity leading to an injury of another person
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"The omission to do something that a reasonable man would do or doing something which a reasonable and prudent man would not do" This was defined by Alderson B in which case?
Blyth v Proprietors of the Birmingham Waterworks
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Card 2

Front

Lord Oliver in Alcock v Chief Constable of South Yorkshire distinguished between primary victim and secondary victim. What is primary victim?

Back

are those who are involved immediately as a participant

Card 3

Front

"This is the test that is used to establish causation in fact. If the harm would not have happened 'but for' the defendant's negligent behaviour, the negligence is the cause of that harm" In which case law described the 'but for' test?

Back

Preview of the front of card 3

Card 4

Front

There were two tests found in two cases for remoteness of damage in causation. What are they?

Back

Preview of the front of card 4

Card 5

Front

List the other professionals to which the Bolam test applies

Back

Preview of the front of card 5
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