Tort

Question 1

What are the 2 types of liability?

Answer 1

Strict liability - This imposes liability on a person even though they have not been at fault.

Vicarious liability – This is important to businesses and the business environment as employers may be vicariously liable for their employees

Question 2

4 elements of negligence?

Answer 2

The negligent party owed a duty of care to the victim

There was a breach of the duty of care

Causation (the negligence caused the injury/loss)

Damage or injury occurred

Question 3

What precedent did Donoghue v Stevenson establish?

Answer 3

Donoghue v Stevenson (1932)

The neighbour principle is when you are responsible for all people directly affected by an act.

Question 4

3 principles of duty of care?

Answer 4

Established by Caparo Industries v Dickman (1990)

Was the harm or loss caused foreseeable?
Margereson v JW Roberts Ltd (1996)

Was there a sufficient relationship of proximity between the
claimant and the defendant for a duty to be imposed?
Evans v Triplex Safety Glass Co Ltd (1936)

In all circumstances is it fair, just, and reasonable that the law should impose a duty on the defendant?
Darnley v Croydon Health Services NHS Trust (2018)

Question 5

What is the duty of care?

Answer 5

A legal obligation to provide a reasonable standard of care to other individuals.
Darnley v Croydon Health Services NHS Trust (2018)

Question 6

What are the defences to a claim of negligence?

Answer 6

Illegality- when the claimant has committed an illegal act, he/she may be unable to claim negligence.

Consent- This is a complete defence where there has been an expressed agreement to a particular risk of damage.

Contributory negligence- This is when the claimant is accused of acting carelessly and contributing to their injuries or loss.
Law Reform (Contributory Negligence) Act 1945 Section 1(1)
Froom v Butcher [1975]

Vicarious Liability- when an employee can say that their employer was in fact liable for negligence.

Question 7

What are the rewards for a proven claim of negligence?

Answer 7

money/compensation
termination of a contract
injunction

Question 8

what is professional negligence?

Answer 8

professionals providing a service will be judged by the same standards as those claiming to have the same skills and abilities.

Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964)
this established reasonable reliance where a duty of care is formed when someone realises on someone’s professional advice.