civil exam Flashcards
how is a duty of care owed?
in order to prove negligence, a duty of care must be owed by the defendant to the claimant.
what does the Robinsons v chief case tell you about duty of care?
if a case is similar to the Robinsons case, then a duty of care will be automatically be owed.
how is breach of duty showed?
through applying the objective test, if the defendant falls below this standard then they will have breached their duty.
when looking at standard of care what do you have to look for?
certain risk factors which makes the standard higher or lower, if the claimant has a special characteristic which makes them more at risk of being harmed, this will higher the standard of care.
how is factual causation showed?
the ‘but for’ test
what does the but for test ask?
but for the defendants actions would the claimant have the same losses, if the answer is no then the defendant is the factual cause
what is legal causation?
where they look at whether the type of damage caused caused was reasonable foreseeable
what are the 2 types of damage(s)
special damage and general damage
what is special damages?
special damages are awarded for pecuniary (financial) losses , which the claimant suffers before the date of trial such as medical expenses, or loss of earnings
what is general damages?
general damages are awarded for non pecuniary losses which the claimant suffers before the date of trial, such as loss of amenity and injury
what are 2 types of funding used for Activity 2?
conditional fee agreement- ‘no win no fee’ agreement which means if you lose the case, you do not have to pay any legal fees but you would have to pay for the winning sides cost
what are the three tracks and the values?
small claims-
