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A Level Law - Tort > Negligence > Flashcards

Negligence Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What are the three elements of negligence?

A

Duty of care
Breach of duty
Resulting damage

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2
Q

What are the two tests for duty of care?

A

Robinson - established duties
Caparo - novel situations

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3
Q

What are the three elements of the Camaro test?

A

Reasonably foreseeable
Legal Proximity
Just fair and reasonable

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4
Q

Kent v Griffiths

A

Reasonably foreseeable

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5
Q

King v Philips

A

Legal Proximity

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6
Q

Hill v Chief Constable of West Yorkshire Police

A

Just fair and reasonable

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7
Q

What are the different standard of care?

A

General standard
Professional
Learner/Trainee
Child

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8
Q

Nettleship v Weston

A

Learner/Trainee

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9
Q

Mullins v Richards

A

Child

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10
Q

Bollam

A

Professional Standard

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11
Q

What are the four breach of duty risk factors?

A

Likelihood of harm
Seriousness of potential harm
Practicality and cost of taking precautions
Public benefit

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12
Q

Bolton v Stone

A

Likelihood of harm

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13
Q

Paris v Stepney BC

A

Seriousness of potential harm

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14
Q

Latimer v AEC

A

Practicality and cost of taking precautions

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15
Q

What are the two resulting damage tests?

A

Factual and legal causation

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16
Q

What is the test for factual causation

A

“but for” test

17
Q

What is the test for legal causation

A

Reasonably foreseeable and not too remote

18
Q

Barnet v Chelsea Hospital applies to what?

A

Factual causation

19
Q

The Wagon Mound applies to what?

A

Legal Causation

20
Q

The definition of the thin skull rule

A

Take your victim as you find them

21
Q

Smith v Leech Brain applies to what?

A

Thin skull rule

A Level Law - Tort (7 decks)

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