Chapter Five Flashcards
Assume that both Houses of Parliament pass a Bill which reduces the income of the Royal Family. The Prime Minister and Cabinet advise the monarch to assent to the Bill of Rights indicate whether the following statement is true or false. “Legally the monarch can refuse Royal Assent, so that the Bill does not become law.
True
Although the monarch ought, Bo convention, to grant Royal Assent, this is a non-legal rule. Without Royal Assent, a bill cannot become law.
To succeed in a claim for negligence the claimant must demonstrate that the breach by the defendant caused the damage.
- there must be an unbroken chain of causation,
- there may be more than one cause of damage,
- if the damage would have happened in any event, even without the defendant’s breach, there will be no liability on the defendant,
- a defendant can claim that an intervening event is the cause of the damage.
The court at a defendant’s request, will always consider whether the claimant’s own lack of care has contributed to their injuries.
Contributory negligence is governed by statute
A worker suffers a minor cut to his hand in an accident at work caused by his employer’s negligence. The worker has a pre-existing medical condition, of which his employer is unaware, which means his injury becomes more serious as he bleeds profusely and requires treatment in hospital. Unfortunately the doctor treating him makes a grossly negligent error by administering an incorrect blood clotting drug. As a result the worker becomes seriously ill and requires a lengthy period of hospitalisation.
The worker could only recover damages for his minor hand injury and the worsening of this caused by his pre- existing condition as the employer must take the worker as he finds him. The doctor’s mistake is likely to break the chain of causation meaning the employer would not be responsible for the serious illness and period of hospitalisation.
Core Principles of the UK Constitution
1) the rule of law,
2) the separation of powers; and
3) the sovereignty (or supremacy) of Parliament.
