Negligence Evaluation Flashcards
1Duty of Care A01
Donoghue-v-Stevenson
Replaced by Caparo
reasonably forseeable, Proximity, Fair just reasonable
1Duty of Care A01 Cases
Langley
Bourhill
Hill and Robinson
1Duty of Care A03
Judges unelected left to make the decisions
Difficult to predict outcome and advise client
D owes duty of care to too many people
1Duty of Care A03 However
More people protected
C can claim against police
Distribute loss fairly
2 Breach of duty of care A01
D will normally be compared to reasonably ordinary person
objective blyth test
Learners standard of competent drivers, profession, age and time
Risk factors considered
standard of competant driver case
Nettleship
judged by profession case
Bolam
Characteristics case
Paris
Probability case
Bolton
2 Breach of duty of care A03
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.
2 Breach of duty of care A03 However
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
3 Causation A01
Factual causation but for test
Forseeable damage
Not exact events
Thin skull rule
3 Causation A03
Remote damage needs to be compensated
Must prove BOP which may be difficult
Judges not experts in practical issues
3 Causation A03 However
Injury must not be too remote
Injuries must be reasonably forseeable
Causation requires legal link between D’s actions
4 relies on proof of fault A01
Onus burden is on C to prove claim of BOP. Fault means C has to prove case. Make Links to tort.
4 relies on proof of fault A03
Cost
Delay
Lawyers
Reforms
state run compensation scheme
Compulsory liability insurance
Encourage greater use of ADR
State run compensation scheme
Compensation to road accidents and accident at work victims without explanation and funded by general tax.
State run compensation scheme Advantages
Removes need for insurance companies involvement
Reduce delays
No need to go court
State run compensation scheme disadvantages
Expensive
who will pay
people less careful
Compulsory liability insurance
If every adult was insured C would recieve compensation in event of accident.
Compulsory liability insurance however
Expensive
dealing with insurance companies
Not everyone would get it.
Encourage greater use of ADR
Good because it avoids confrontation between C and D.
Encourage greater use of ADR however
Compensation Act 2006 Encourage more ADR and had little effect.
