Negligence Evaluation

Question 1

Evaluation point for Neighbour Principe (Duty of Care)

Answer 1

Opened flood gates, overwhelmed courts, too easy to make a claim.

Question 2

Evaluation point for Caparo Test (Duty of Care)

Answer 2

Decreased courts workload

Harder to make a claim

Question 3

Evaluation for Foreseeability (Caparo test Duty of Care)

Answer 3

Does not impose a duty to prevent foreseeable harm

Question 4

Evaluation point for Proximity (Caparo test Duty of Care)

Answer 4

Doesn’t state who exactly falls within proximity of a relationship.

New situations can always be developed.

Question 5

Evaluation point for Fair, Just and Reasonable (Caparo test Duty of Care)

Answer 5

In Hill, held not reasonable as suing police may make them less efficient in their duty.

Question 6

Evaluation point for SoC for professional (Breach of Duty)

Answer 6

Allows certain characteristics to be considered so law is fairly applied.

Fair D is judged against common practice of time.

Question 7

Evaluation point for SoC Learners (Breach of duty)

Answer 7

Considers size of the risk and practicality of eliminating it.

Question 8

Evaluation point for SoC Children (Breach of Duty)

Answer 8

Offers more vulnerable people such as children more protection.