1): Negligence

Question 1

What is negligence in tort law?

Answer 1

Negligence is a claim where a defendant has breached a legal duty of care, resulting in damage or injury to the claimant.

Question 2

What are the three elements of negligence?

Answer 2

Duty of care – The defendant must owe the claimant a duty.

Breach of duty – The defendant must fail to meet the required standard.

Causation of damage – The breach must have caused the claimant’s harm.

Question 3

What three types of harm does negligence protect against?

Answer 3

Personal injury

Damage to property

Economic loss

Question 4

What are the required elements for a negligence claim?

Answer 4

Negligence Claim:

duty of care + breach of duty + causation of damage

Question 5

What is the duty of care in negligence?

Answer 5

legal obligation where one party may be liable for causing harm to another in tort of negligence.

Question 6

What test is used to determine duty of care in new situations?

Answer 6

Caparo v Dickman test

Question 7

What are the three stages of the Caparo v Dickman test?

Answer 7

1. Was the damage foreseeable?

Would a reasonable person in the defendant’s position have foreseen the harm?

2. Was there proximity between the claimant and defendant?

The relationship must be sufficiently close (e.g., Donoghue v Stevenson).

3. Is it fair, just, and reasonable to impose a duty?

The court considers policy factors like economic and social implications.

Question 8

What are the modified duty of care tests for specific situations?

Answer 8

Omissions

Economic loss

Psychiatric injury

Question 9

Is a duty of care owed for omissions in negligence?

Answer 9

Generally, no duty of care is owed for omissions.

exceptions exist where the defendant is responsible for acting.

Question 10

What are the three exceptions where a duty of care is owed for omissions?

Answer 10

High Degree of Control – The defendant has significant control over the claimant (police+prisoners, teachers+students, parents+children).

Assumption of Responsibility – The defendant voluntarily assumes responsibility for the claimant’s safety.

Creating a Dangerous Situation – The defendant causes danger and fails to deal with it/makes it worse.

Question 11

What is economic loss in negligence?

Answer 11

financial loss suffered by a claimant.

Special rules apply, generally not recoverable unless caused by a negligent act or misstatement.

Question 12

What is psychiatric injury in negligence?

Answer 12

mental harm suffered by a claimant.

Specific legal tests determine whether compensation is available.

Question 13

What is the general standard of care in negligence?

Answer 13

objective test, judged by what a reasonable person would do in the same situation.

The defendant’s personal characteristics are not taken into account.

Question 14

How is the professional standard of care assessed?

Answer 14

A professional is judged by the degree of skill and knowledge expected from someone in their field.

Question 15

When will a professional not be found negligent?

Answer 15

If their actions are supported by a reasonable body of professional opinion

Question 16

What factors do courts consider when assessing the standard of care?

Answer 16

Magnitude of the risk.

Cost and practicality of preventing the risk.

Common practice in the relevant trade or profession.

Potential societal benefits from the defendant’s activity.

Question 17

How does a claimant prove breach of duty in negligence?

Answer 17

must prove breach on the balance of probabilities using witnesses of fact and/or expert evidence.

Question 18

What principle allows a claimant to establish negligence without witnesses/sufficient facts (as in product liability or medical negligence)?

Answer 18

Res Ipsa Loquitur – “the thing speaks for itself”.

the civil evidence act 1968

Question 19

What are the three requirements for Res Ipsa Loquitur to apply?

Answer 19

The accident must be of a kind that does not normally happen without negligence.

The accident must have been under the defendant’s control.

There must be no alternative explanation for the cause.

Question 20

How does the Civil Evidence Act 1968 impact negligence cases?

Answer 20

A defendant convicted of a criminal offence is presumed to have committed that offence in subsequent civil proceedings

Question 21

What must a claimant prove for causation in negligence?

Answer 21

The defendant’s breach must have actually caused the damage + damage must not be too remote.

Question 22

What is the single cause test for causation?

Answer 22

“But For” test – But for the defendant’s breach, would the harm have happened?

Yes → No causation.

No → Causation is established.

Question 23

What test applies when there are multiple causes of damage?

Answer 23

The Material Contribution Test

The claimant must prove that the defendant’s breach materially contributed to the harm.

no need to show that Ds breach was the only cause of damage

Question 24

When does the Material Increase in Risk Test apply?

Answer 24

When it is unclear which exposure caused the harm, but the defendant’s negligence materially increased the risk of harm

(e.g., industrial disease cases).

mesothelioma cases

Question 25

What is an intervening act in negligence?

Answer 25

action by a third party that breaks the chain of causation, meaning the defendant is not liable beyond that point. act of 3rd party must be intentional/reckless/not a foreseeable consequence of defendant's negligence

Question 26

When does an intervening act NOT break the chain of causation?

Answer 26

If the act is a foreseeable consequence of the defendant’s negligence.

Question 27

What if the intervening act is something that the claimant does?

Answer 27

courts will see if it is fair to hold them responsible for damage caused act will be assessed to see if it is reasonable if chain is broken, defendant will only be liable up until second event by the claimant

Question 28

What is the Reasonable Foreseeability Test in negligence?

Answer 28

defendant is liable for damage that was reasonably foreseeable at the time of the breach.

Question 29

What are two key rules within reasonable foreseeability?

Answer 29

Similar Type of Damage Rule – The type of damage must be foreseeable, even if the way it occurred was not. Egg Shell Skull Rule – The defendant is liable for the full extent of harm, even if the claimant was more vulnerable than expected.

Question 30

What is the main remedy for personal injury and death claims in tort?

Answer 30

Compensatory damages, intended to restore the claimant to their pre-injury position.

Question 31

What are the two types of damages in personal injury claims?

Answer 31

General Damages – Compensation for pain, suffering, and loss of future earnings. Special Damages – Specific financial losses (e.g., medical expenses) that must be proven in court.

Question 32

What are the three principles governing damages in personal injury claims?

Answer 32

Measure of Loss – Damages should restore the claimant as if the tort had not occurred, if not possible, damages will be compensatory. Mitigation of Loss – The claimant must take reasonable steps to minimise losses. The One Action Rule – Damages must cover all past and future losses; claimants cannot seek additional damages later if their condition worsens.

Question 33

What are the two types of compensatory damages?

Answer 33

Pecuniary Damages – Financial losses that can be calculated in monetary terms. Non-Pecuniary Damages – Losses that cannot be directly calculated (e.g., pain and suffering).

Question 34

What are examples of pecuniary damages?

Answer 34

Property damage Medical expenses Lost income Future loss (e.g., cost of care, post-trial settlements)

Question 35

What are examples of non-pecuniary damages?

Answer 35

Pain and suffering Stress Loss of amenity

Question 36

What is the key legislation governing death claims?

Answer 36

The Law Reform (Miscellaneous Provisions) Act 1934.

Question 37

How does the Law Reform (Miscellaneous Provisions) Act 1934 affect death claims?

Answer 37

It allows a claim to continue after death for the benefit of the claimant’s estate.

Question 38

What losses can be claimed by the estate of a deceased claimant?

Answer 38

pecuniary and non-pecuniary losses

Question 39

What does the Fatal Accidents Act 1976 allow?

Answer 39

allows financial dependants of the deceased to bring a claim against the wrongdoer, provided that the deceased would have had a claim if they had survived.

Question 40

Who qualifies as a dependant under the Fatal Accidents Act 1976?

Answer 40

Spouse/civil partner/cohabitee Children Parents Siblings Certain other close relations

Question 41

What are the two types of damages awarded under the Fatal Accidents Act 1976?

Answer 41

Loss of Support – Financial dependency on the deceased. Bereavement Damages – A lump sum (fixed by statute) paid to spouses or parents of a deceased unmarried minor.

Question 42

What does pure economic loss mean in negligence?

Answer 42

Loss that is not connected to physical damage to the claimant’s person or property.

Question 43

Is there a duty of care to prevent pure economic loss?

Answer 43

Generally, no. It is difficult to recover pure economic loss in negligence.

Question 44

What are examples of non-recoverable pure economic loss?

Answer 44

Buying a defective item of property. Economic loss without physical damage to the claimant’s property. Economic loss from damage to a third party’s property. Economic loss where there is no physical damage caused by actions/statements

Question 45

What is the main exception allowing claims for pure economic loss?

Answer 45

Negligent misstatement, where a duty of care arises under the Hedley Byrne v Heller principle.

Question 46

What are the four elements required for a Hedley Byrne special relationship?

Answer 46

Special relationship between the parties. Voluntary assumption of responsibility by the defendant. Claimant relied on the defendant’s advice. Reliance was reasonable.

Question 47

How do disclaimers affect negligent misstatement claims?

Answer 47

subject to the fairness test under the Consumer Rights Act 2015.

Question 48

What are the requirements for claiming psychiatric harm in negligence?

Answer 48

The psychiatric harm must be: A medically recognised psychiatric illness, or A shock-induced physical condition (e.g., heart attack).

Question 49

Can a claim be made for grief, sorrow, or emotional distress alone?

Answer 49

No – There must be a medically recognised condition.

Question 50

What is a primary victim in psychiatric harm claims?

Answer 50

A primary victim is someone directly involved in an incident and was: In the actual area of danger, or Reasonably believed they were in danger.

Question 51

When does a duty of care exist for primary victims?

Answer 51

When the risk of physical injury was foreseeable.

Question 52

Who is a secondary victim in psychiatric harm claims?

Answer 52

not directly involved but suffers psychiatric harm (e.g., a bystander).

Question 53

What are the Alcock control mechanisms for secondary victims?

Answer 53

Psychiatric injury must have been foreseeable. Proximity of Relationship – Close relationship (e.g., parent-child, spouse). Proximity in Time & Space – Present at the event or immediate aftermath. Proximity of Perception – Must see or hear the event in real time (not via TV or radio).

Question 54

What duty does an employer owe under common law?

Answer 54

must take reasonable care for employees’ health and safety at work. owed toe each individual so their individual needs re considered

Question 55

What does an employer’s duty of care include?

Answer 55

competent staff adequate materials + equipment a proper system of work + supervision a safe place of work