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Law-Tort > Evaluation of fault based liability > Flashcards

Evaluation of fault based liability Flashcards

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1
Q
  1. A01: Problems of fault liability
A

Caparo and three elements in novel situations.
Objective reasonable man
Risk factors
Cost of precautions
Causation

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2
Q

Forseeable case

A

Langley

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3
Q

Proximity case

A

Bourhill

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4
Q

Fair, just and reasonable case

A

Hill and Robinson

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5
Q

Objective reasonable man case

A

Nettleship

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6
Q

Risk factors case

A

Paris

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7
Q

Cost of precaution case

A

Latimer

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8
Q

Factual causation case

A

Barnett

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9
Q

Remote danger case

A

Wagon

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10
Q

Fault most relevant for

A

Duty of care
Causation
Objective test

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11
Q

What undermines fault?

A

Thin skull rule

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12
Q
  1. Arguments for fault A03
A

floodgates
Compensation culture
Accountability

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13
Q

Floodgates case

A

Cole

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14
Q

Compensation culture case

A

Tomlinson

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15
Q
  1. Arguments against fault A03
A

Sometimes fault cant be proven
Public policy cases overlooked
Unpredictable decisions

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16
Q

Fault can’t be proven case

A

Bolton

17
Q

Public policy case

A

White

18
Q

Unpredictable decision case

A

Hunter

19
Q

Cost

A

If loss more fees to pay.
ADR also involves costs.
Ct case expensive.

20
Q

Delay

A

Ct takes 1-2 years

21
Q

Lawyers

A

Adds costs.
Can be difficult to find lawyer with the expertise.

22
Q

Adversarial process

A

Negotiated settlements less likely
Face difficult questioning

23
Q
  1. Reform A01
A

State run schemes like Canada
More court settlements
Raise PI from 1000 to 5000
Road accidents higher than 5k

24
Q
  1. Reform A03 state run schemes like Canada advantage
A

No lawyers no insurance companies so no delays

25
Q

2 Reform State run schemes disadvantage

A

Employers have to pay to make it work
People less careful

26
Q

2 Reform state run scheme Who recommended but it was never auctioned?

A

Pearson report 1975

27
Q

2 Reform raise Pi limit advantage

A

Reduce court backlog as reduce claims

28
Q

3 Improve court system

A

Encourage more group litigation
Encourage more ADR
Vaccine Payments Damage Act 1979

29
Q

3 Improve court system Vaccine Payments Damage Act 1979

A

Increase level of compensation from current max 120,000

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