Negligence

Question 1

How do you structure a PQ? AO2

Answer 1

Intro
DOC
Standard
Risk factors
Factual causation
Legal causation
NAI
Eggshell conditions
Defences
Remedies
Conclusion

Question 2

What are the established duties?

Answer 2

Relationship
Voluntary accept care
Limit harm
Contractual
Public office
Statutory
Precedent

Question 3

What are the standards someone is judged to when breaching duty?

Answer 3

Reasonable man
Professional
Learner
Child

Question 4

What are the risk factors?

Answer 4

Size of the risk
Were all the precautions taken
Was the risk known
Did the benefits outweigh the risk
Do they have any special characteristics?

Question 5

Different types of causation and what do you have to do for them? Also other things attached to causation

Answer 5

Factual causation- but for test
Legal causation- consequences were reasonably foreseeable and not too remote from the actions

NAI- a intervening act
Act of nature
Act of claimant
Act of third party

Eggshell conditions: if the V has a pre existing condition then D will be liable for all consequences as a result of their actions.

Question 6

What are the different types of defences?

Answer 6

Consent- full defence, has to prove the claimant had full knowlage of the risk involved, they exercised free choice and voluntarily accepted risk

Contributory negligence- the claimant did something to contribute to their own injuries- reduces damages D needs to pay

Question 7

What are the different types of remedies?

Answer 7

Pecuniary- can calculate
Non pecuniary- can’t calculate
Special- pre trial losses
General- post trial losses

Can be payed in structured settlements or in a lump sum