A4 Civil Law

Question 1

Tort

Answer 1

English law civil wrong

Time limited 3 years

Question 2

Proof for successful negligence claim

Answer 2

• The defendant was under a duty of care to the claimant
• that the duty had been breached through negligence
• That as a result of the breach the claimant suffered harm
• Foreseeability of the type of damage

Question 3

Tortfeasor

Answer 3

The wrongdoer

Question 4

Employers duty of care

Answer 4

To provide
1- A safe place of work
2- Safe systems of work
3- Safe plant, equipment and materials
4- Instruction, training and supervision
5- Reasonably competent fellow employees

Case law - Wilson and Clyde coal v English- crushed by haulage plant.

Question 5

Main defences for a negligence claim

Answer 5

Denial - Accident never occurred 
No duty owed
No breach of duty- not foreseeable, employers arrangements were reasonable 
Breach did not lead to damage 
Type of damage not foreseeable 
Volenti nonfit injura
Contributory negligence 
Time expired (limitations act)

Question 6

Concept of duty of care

Answer 6

The neighbour test - Donoghue v Stevenson

The duty of care owed by:
Designers
Manufacturers and suppliers to customers/ users
Occupiers of premises to those visiting the premises
Contractors to clients and vice versa
Extent of duty is bound to reasonableness and foreseeability

Elevated duty to those who are vulnerable Paris v Stepney - lost remaining eye

Question 7

Contributory negligence

Answer 7

Where an individual contributes to his own injury
Damages awarded may be reduced
Balance of blameworthiness
Used to mitigate losses

Case law - Udder v Associated Portland cement - pigeon rescue

Question 8

Vicarious liability

Answer 8

An employer may be held criminally liable for the acts and or omissions of his employees

Even if they wilfully disobey instructions

Employees must be acting in the course of employment

Master and servant

Case law - Rose v plenty - Milkman

Question 9

Employers liability

Answer 9

Employers liability (compulsory insurance) act

Employers must insure against liability for injury or disease to employees

Min £5m most common £10m

Must display certs at place of business

Must keep a record of previous cover and insurances for 40 years

Question 10

Joint tortfeasor

Answer 10

More than one company identified as the tortfeasor

Judge will decide who is liable based on balance of blameworthiness

Recover of damages made from a single insurer

Question 11

Person injury protocol

Answer 11

Letter of claim
*Summary of the facts 
*Detail of Loss
The reply
*Acknowledgement within 25hrs 
The investigation
*Defendant has a max of 30 days for EL or 40 for PL claim to carry out investigations 
Reply must be then sent- admission, denial or partial admission

Question 12

Occupiers liability

Answer 12

1957 - An occupier owes a common duty of care to all lawful visitors

1984- Extended cover to trespassers if
*Occupier is aware of a danger
*Occupier knows the trespasser may be gaining access
*Occupier might reasonably be expected to do something about the risk
Discharging duty by giving warnings is potentially limited.

Case law - British rail board v Herrington- child through fence: breach in fence was known about (duty of care to trespassers)

Question 13

Main defences for breach of statute duty

Answer 13

Statute bared - section 47
No breach of duty - Latimer v AEC
Duty was not owed
Harm not covered by statute
Breach did not cause loss- Corn v Weirs glass
Contributory negligence - udder v associated Portland cement

Question 14

Two types of compensation

Answer 14

General damages - compensation for general pain and suffering

Special damages - financial expenses such as medical costs, legal costs etc

Question 15

What does the occupiers liability act 57 say about children

Answer 15

The occupiers must be prepared for children to be less careful than adults.

Employers must be aware of any lure or attraction to children such as a pond that could constitute a trap

Question 16

Date of knowledge

Answer 16

Date of knowledge is the date the negligent party should have been aware of the associated risk which led to a particular injury.

Main importance for diseases/ occupational ill health where a particular agent may not have been known to cause harm

Question 17

In Caparo v dickman what three criteria where established to show if a duty of care was owed.

Answer 17

1) reasonably foreseeable harm was suffered by the claimant
2) There was suitable proximity to the claimant and the defendant
3) It is fair just and reasonable to impose a duty of care.

Question 18

Summary of civil law

Answer 18

Breach of tort
Wong to an individual (individual can be a company)
Action taken by injured party
Heard in civil court 
Loss necessary for action
Compensation for loss
Liability proved on the balance of probabilities
Can be insured against

Question 19

Case law for safe place of work

Answer 19

Latimer v AEC ltd

Heavy rainfall flooded the floor of a factory, this resulted in oil that was usually in floor troffs washing over the factory floor.
The defendant put sawdust on the floor but they didn’t have enough to cover the whole floor. The claimant slipped and broke his ankle.

Question 20

Provision of reasonably competent employees

Answer 20

1) Wilson and Clyde coal v English - injury from crushed haulage plant. At the time the mine owners argued it wasn’t their responsibility but that of his agent.
2) Hudson v Ridge manufacturing co - horseplay gone wrong, resulted in a broken wrist. Employee was known for horseplay but only ever issued warnings and reprimands.