TB1 Flashcards
(Duty of care) What are the elements of a negligence claim?
A duty of care
Breach of duty
Has there been damage?
Was the damage caused by the breach?
(Duty of care) Who is the burden of proof on in negligence?
The claimant
(Duty of care) What are the ways of establishing a duty of care?
An already established duty e.g road users, doctors to patients
Duty developed by case law
(Duty of care) Who is your neighbour?
Persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts and omissions which are called in question
(Duty of care) What are the elements of the Caparo test?
Foreseeability of damage
Proximity of relationship
Fair, just and reasonable
(Duty of care) Public bodies include?
The Central Government e.g the Home Office
Local authorities
Schools
Police
Fire authorities
Quangos e.g Thames Water, Milk Marketing Board etc
(Duty of care) Do fire authorities owe a duty of care?
A duty is owed to the public
No duty is owed to private individuals
May be liable if they worsen a situation
(Duty of care) Do ambulances owe a duty of care?
Yes - they are an extension of the NHS which owes a duty of care
(Duty of care) Do coastguards owe a duty of care?
Have no duty to respond
If they respond, they owe a duty to not make the situation any worse
(Duty of care) Do the police owe a duty of care?
Depends on the circumstances
Can be liable in negligence when they directly injure someone
If the harm is caused by investigation of a crime or due to resource allocation, may not be liable
(Breach of duty) The standard of care test is objective - in what situations do the courts use a subjective test?
For children
For emergency situations
When assessing a defendants skill
(Breach of duty) What are the 4 factors to consider when assessing breach?
Probability of damage
Magnitude of harm
Practicality and cost
Social utility and conduct
(Breach of duty) What does the Bolam test mean?
The Court won’t expect the defendant to anticipate future development, the defendant will be judged on what was known at the time
(Causation in fact) What is the test for causation in fact?
But for test
But for the defendant’s actions, would I have suffered the damage?
(Causation in fact) In what circumstances is the but for test hard to apply?
Multiple defendants
Multiple causes of action
Loss of chance
(Causation in fact) What are the two types of liability when you have multiple defendants?
Several liability - more than one party acts independently to cause the same damage - each defendant is separately liable for the damage
Joint and several liability - more than one party acts jointly to cause the same damage - any or all defendants can be sued, each is separately liable for the whole damage
(Causation in law) What is causation in law also known as?
Remoteness of damage
Is the damage too remote from the breach?
(Causation in law) What is the test for causation in law?
Reasonable foreseeability test
(Novus actus interveniens) What are the 3 categories of intervening acts?
Actions by the claimant
Natural events
Actions by a third party
(NAI) When will an event not be an NAI and when will it be an NAI?
If the event was foreseeable then it won’t be an NAI
If the event wasn’t foreseeable then it will be an NAI
(Defences) What are the 3 defences?
Contributory negligence
Ex turpi
Volenti
(Defences) What is contributory negligence?
Both C and D are partly responsible
Found in the Law Reform (Contributory Negligence) Act 1945
D must prove that C failed to take reasonable care for their safety
Compensation is split accordingly, decided by the court
(Defences) What are the 3 exceptions to contributory negligence?
Children - depends on age
When in perceived danger
Employees - breach of statutory duty
(Defences) What is ex turpi?
Complete defence - if successful, claimant receives no compensation
Claimant committed a criminal act which is the cause of their case
