The Theory Of Tort Law Flashcards
What is the purpose of establishing a duty of care in negligence?
To show a legal relationship between the claimant and the defendant.
What case set out the 3 part test to establish a duty of care?
Caparo v dickman
What are the 3 criteria in the tree part test.
1) there is reasonably foreseeable loss or injury
2) there is proximity between c and d
3) it is fair just and reasonable to impose duty of care on D
What case reviewed this area and made it clear there was “no universal 3 pty test for establishing a duty of care”
Robinson v chief constable West Yorkshire
Said that courts should “reason by analogy”
What is an example of a novel situation?
Watson v British Boxing Board of Control
What did Hill v Chief constable of West Yorkshire police say about policd
Gave the police “blanket immunity” as if police could be sued it would lead to “defensive policing”
What case overruled the police’s blanket immunity? And what’s the new rule.
Robinson v Chief Constable of West Yorkshire police
Police still have immunity from harm caused by negligent investigations of crime. But owe a duty of care if their positive act cause physical or property damage.
What case says that a fire brigade owe a duty of care if their positive act makes a situation worse?
Capital counties plc v Hampshire county council
What is pure economic loss
Claims for loss suffered due to negligence where no personal injury or damage to property is present.
What is the main case for pure economic loss
Spartan steel v Martin and co LTD
Why do courts rarely compensate for pure economic loss?
1) Economic loss was traditionally compensated through contract law.
2) court feared that it would open the floodgates to many similar claims.
How can a primary victim bring a claim for psychiatric injury?
If C can show that D was negligent and provide medial evidence of their psychiatric injury
What is the 5 criteria for a secondary victim?
- reasonably foreseeable that a person of normal fortitude would have suffered PI
- close ties of love and affection
- proximity between C and accident of immediate aftermath
- own senses
- mental injury caused by shock from event
Why were these 5 criteria put in place,
To prevent the floodgates opening
Does proximity include hearing about the incident? And what case shows this?
No
Alcock v chief Constable of South Yorkshire
What does nettleship v Weston say about duty of care?
Learner driver is judged by standards of reasonable driver
What does Mullins v richards say about duty of care?
A child should be held to the level of another child
What does bolam v friern say about duty of care?
A doctor is held to the same standard of another reasonable professional doctor
What is vicarious liability?
Vicarious liability is not a tort. Rather a way of ensuring C is compensated for the loss damage or injury they suffer.
Name one one vicarious liability is right
Defendant who caused loss may be unable to pay if they’re not insured. Whereas, the employer is more likely to be able to afford to pay compensation.
What 2 things are needed for an employer to be vicariously liable?
A relationship of employment
Committed in course of employment
Give 3 reasons why it’s fair to hold the employer liable in vicarious liability.
1) they have or should have had a sufficient degree of control over the employee
2) employer benefits from the employees work so it’s fair to expect them to accept the burden.
3) encourages them to ensure employees are properly trained and supervised
What is enterprise risk?
If d is in a position to use employee to further its business interests and did so in a way that significantly enhanced risk.
What is the case for enterprise risk?
Various claimants v CCWS
