Negligence AO3

Question 1

What are the 4 evaluations of fault?

Answer 1

😊Having fault based system controls the number of claims that are successful
😊Fault based system protects professionals
😒A no fault system would provide more justice for claimants
😒A no fault system would be more predictable and fairer

Question 2

What are the 4 evaluations of Duty of Care?

Answer 2

😒The C has to prove that the D has been negligent and caused the damage/injuries, can be very difficult and costly
😊Developed over long period of time meaning the courts have expanded the number of situations where a duty of care can exist
😒Courts reluctant to place a duty of care on public authorities, unfairness for claimant
😊Test is common law and therefore developed by judiciary over a number of years

Question 3

What are the 3 evaluations for breach of duty?

Answer 3

😊The test that is used to establish whether the D breached duty is fair
😊Test used to judge whether the professional has breached is fair
😊Objective test is consistently applied

Question 4

What are the 3 evaluations for damage?

Answer 4

😊Test fair for all because as D only liable for less as a result of their actions
😊Rules within the remoteness test are fair
😒Test used when considering type of damage is applied inconsistently