Negligence Evaluation

Question 1

1Duty of Care A01

Answer 1

Donoghue-v-Stevenson
Replaced by Caparo which set out damage reasonably forseeable, Proximity, Fair just reasonable
Only if in a novel situation.

Question 2

1Duty of Care A01 Cases

Answer 2

Langley
Bourhill
Hill and Robinson

Question 3

1Duty of Care A03

Answer 3

Judges unelected left to make the decisions
Difficult to predict outcome and advise client
D owes duty of care to too many people

Question 4

1Duty of Care A03 However

Answer 4

More people protected
C can claim against police
Distribute loss fairly

Question 5

2 Breach of duty of care A01

Answer 5

D will normally be compared to reasonably ordinary person objective blyth test Learners standard of competent drivers, profession, age and time
Risk factors considered

Question 6

standard of competant driver case

Answer 6

Nettleship

Question 7

judged by profession case

Answer 7

Bolam

Question 8

Characteristics case

Answer 8

Paris

Question 9

Probability case

Answer 9

Bolton

Question 10

2 Breach of duty of care A03

Answer 10

More likely fault will be with D as reasonable person would not of done what D did
Compare learner drivers to competant drivers
Bolam test means D does not have to tell all risks involved.
C injured and may not get compensation but costs for loosing the case.

Question 11

2 Breach of duty of care A03 However

Answer 11

Law covers people with special characteristics and needs
D not expected to spend lots of money removing risk
compare young people to same as their age
stability as judged on same level of profession

Question 12

3 Causation A01

Answer 12

Factual causation but for test
Forseeable damage
Not exact events
Thin skull rule

Question 13

3 Causation A03

Answer 13

Remote damage needs to be compensated
Must prove BOP which may be difficult
Judges not experts in practical issues

Question 14

3 Causation A03 However

Answer 14

Injury must not be too remote
Injuries must be reasonably forseeable
Causation requires legal link between D’s actions

Question 15

4 relies on proof of fault A01

Answer 15

Onus burden is on C to prove claim of BOP. Fault means C has to prove case. Make Links to tort.

Question 16

4 relies on proof of fault A03

Answer 16

Cost
Delay
Lawyers

Question 17

Reforms

Answer 17

state run compensation scheme
Compulsory liability insurance
Encourage greater use of ADR

Question 18

State run compensation scheme

Answer 18

Compensation to road accidents and accident at work victims without explanation and funded by general tax.

Question 19

State run compensation scheme Advantages

Answer 19

Removes need for insurance companies involvement
Reduce delays
No need to go court

Question 20

State run compensation scheme disadvantages

Answer 20

Expensive
who will pay
people less careful

Question 21

Compulsory liability insurance

Answer 21

If every adult was insured C would recieve compensation in event of accident.

Question 22

Compulsory liability insurance however

Answer 22

Expensive
dealing with insurance companies
Not everyone would get it.

Question 23

Encourage greater use of ADR

Answer 23

Good because it avoids confrontation between C and D.

Question 24

Encourage greater use of ADR however

Answer 24

Compensation Act 2006 Encourage more ADR and had little effect.