Exam Flashcards

1
Q

Intro

A

Must prove on the balance of probabilities that D has a duty of care, breached that duty of care and that the breach caused the damage

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2
Q

P1

A
  • Robinson Approach
  • Robinson v CC West Yorkshire Police 2018
  • Drivers and other road users
  • Nettleship v Weston 1971
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3
Q

P2

A
  • Reasonable person test
  • Nettleship v Weston 1971
  • Risk factors
  • Haley v LEB 1965
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4
Q

P3

A
  • Factual causation (but for test)
  • Chester v Afshar 2004
  • Remoteness
  • The Wagon Mound (No.1) 1961
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5
Q

P4

A
  • Contributory negligence
  • Law Reform Act 1945
  • Consent
  • Morris v Murray 1991
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6
Q

P5

A
  • Special damages (pecuniary)
  • Lump sum
  • General damages (non-pecuniary)
  • Lump sum or structured settlement
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7
Q

Conclusion

A
  • Liable
  • Loss of earnings/anxiety
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