Structure of essays test Flashcards
Structure for fault essays
P1 = Basic definitions of fault
P2 = Where the ELS is based on fault
P3 = Where ELS is not based on fault
P4 = Should ELS be based on fault? Yes/No
P5 = Briefly set out the legal principle your specifically asked about
P6 = Is this based on fault? Yes/No
P7 = Brief conclusion
Negligence-personal injury/loss of property
Short intro = … may seek damages from … as a result of …
Duty of care
Neighbour principle/Tripartite tests. Theory and apply
Breach
theory
Variations on reasonable man [if required]
Variations on risk factors [if required]
Apply
Causation-factual
But for
Remoteness-foreseeability
Exception=damage of same type (Bradford)
Defences
Consent [if required]
Contributory negligence [if required]
Remedies
[If required] would receive remedy for.
would not receive remedy for
Psychiatric injury-primary victims
Intro
Define psychiatric injury (more than mere emotions)
Establish whether primary or secondary victim (define/apply)
Duty of care
Neighbour principle/Tripartite tests. Theory and apply
Breach
theory
Variations on reasonable man [if required]
Variations on risk factors [if required]
Apply
Causation-factual
But for
Remoteness-foreseeability
Exception=damage of same type (Bradford)
Defences
Consent [if required]
Contributory negligence [if required]
Remedies
[If required] would receive remedy for.
would not receive remedy for
Psychiatric injury-secondary victims.
[if required] Where you have established D is negligent open with short sentence saying we have established this now can make claim for psychiatric injury.
Intro
Define psychiatric injury (more than mere emotions)
Establish whether primary or secondary victim (define/apply)
Restrictions on secondary victims (Alcock restrictions)
1. Close ties
2. Close in time and space
3. Own senses
Further restrictions = sudden shock and reasonable fortitude
Remedies
Consequential economic loss
Intro
1. make a claim …..for (state the physical injury/damage to property)
2. could also seek damages for economic loss
3. rules around liability for consequential and economic loss. define and apply each one.
Duty of care
Neighbour principle/Tripartite tests. Theory and apply
Breach
theory
Variations on reasonable man [if required]
Variations on risk factors [if required]
Apply
Causation-factual
But for
Remoteness-foreseeability
Exception=damage of same type (Bradford)
Defences
Consent [if required]
Contributory negligence [if required]
Remedies
[If required] would receive remedy for.
would not receive remedy for
Negligent misstatement
Intro short = may seek damages from … as a result of negligent misstatement.
Duty of care.
Only exist where there is a special relationship (4 test = relevant skill, voluntarily assume responsibility ([if present] made statement enough evidence), who and what purpose and reasonable and reliance.)
Breach
theory
Variations on reasonable man [if required]
Variations on risk factors [if required]
Apply
Causation-factual
But for
Remoteness-foreseeability
Exception=damage of same type (Bradford)
Defences
Consent [if required]
Contributory negligence [if required]
Remedies
[If required] would receive remedy for.
would not receive remedy for
OLA 1957
Intro
1. seek damages for due to occupiers’ liability
2. Lawful visitor or trespasser (define implied consent factors)
3. In light of fact … is a lawful visitor, may be liability under OLA 1957.
Common duty of care
already established … is visitor
define occupier/apply
define premises/apply
Breach
define
[if required] children
[if required] independent contractors get injured whilst working on your property
[if required] where independent contractors have done negligent work
[if required] warnings
apply as u go along
Factual Causation (normal)
Remoteness (normal)
Defences
consent = s.2 (5) + case
cn = s.2(3) + law reform act
remedies
OLA 1984
Intro
1. seek damages for due to occupiers’ liability
2. Lawful visitor or define trespasser (define implied consent factors)
3. In light of fact … is trespasser, liability under OLA 1984.
DOC
already established … is a trespasser
s.1(2) = occupier and premises have same meaning as 1957 OLA
s.1(1)
s.1(3)
Breach
s.1(4)
Causation
Breach of duty is factual cause of injuries. No issues.
Defences
Consent = s.1(6)
CN = not mentioned in 1984 but judges will affect defence.
Remedies
C can claim for death and personal injury.
s.1 (8) cannot claim for losses of property
Private nuisance
Short intro = … may seek damages from … through private nuisance.
First test = valid c and valid D
define both and apply
Second test = Physical damages to land or loss of amenity
Third test = sufficiently serious to be unlawful
Consider factors determining whether something is sufficiently serious:
[if required] Locality
[if required] Duration
[if required] Degree of interference
[if required] Sensitivity
[if required] Malice from D
Defences [if relevant]
Statutory authority
Prescription-lawful after 20yrs
Coming to the nuisance-NOT A DEFENCE if nuisance predates C’s ownership of land.
Remedies
Theory and define
Injunction (May not issue if social utility)
Damages in line with loss in value
Abatement-C deal with nuisance themselves
Apply
Rylands v Fletcher
Intro short = could seek damages under rule of Rylands v Fletcher and as confirmed in Transco.
Is a strict liability tort.
First test = C must have interest in land
Second test = Accumulation
Third test = Substance must be dangerous
Fourth test = Extraordinary and unusual
Fifth test = Escape
Sixth test = Reasonably foreseeable
Defences [if applicable]
Act of stranger
Act of God
Statutory authority
Benefit of D and C
Fault of C
Contributory negligence
Remedies
Would not be liable to pay compensation because….
May receive redress in form of damages for….
Vicarious liability
Usually done after negligence essay
Short intro = …. could seek damages from … as a result of vicarious liability.
First test = committed a tort. already established
Second test = employee rather than indepedent contractor. (3 tests)
Third test = Must have been acting in course of his employment in 3 forms
Conclusion
Might receive remedies…
Morality
- Definitions in brief
- Relationship between law and morality
- Should the law uphold moral values?
5 marks
