Evaluation

Question 1

Criticism on the law relating to negligence

Answer 1

Judge made law that has developed through precedent therefore doesn’t reflect Parliament’s intentions

Question 2

Criticism of Alcock criteria

Answer 2

Unfair to have to pass it while still suffering from mental injury

Question 3

Disadvantage of Duty of Care

Answer 3

Caparo’s 3rd test: is it fair just and reasonable to impose DOC- critised by EU because public bodies can avoid liability

• disadvantage because it may not be in public interest
• robinson: public bodies do not have immunity = everyone treated similarly

Question 4

Disadvantage breach of DOC

Answer 4

is objective test (reasonnable man) fair?

• courts critised for protecting doctors from medical negligence, under D’s profession (bolam) part
• disadvantage because if they are sheilded there is no chance of winning medical negligence case = unjust

Question 5

Advantage- Damage

Answer 5

egg shell rule and res ipsa loquiter make it easier for C to succeed and get damages deserved
-however: requirement for damage to be forseeable under wagon mound = tort becomes restricted

Question 6

Reforms

Answer 6

1978 pearson: no fault system for personal injury, could also be used in motor incidents where everyone is compensated by insurance companies rather than having to prove who was at fault = lawyers have lest work, less lawer costs and would increase use of ADR