Tort

Question 1

What type of damages can C’s estate claim for?

Answer 1

ONLY ALL losses up to date of death (including medical expenses and loss of earnings, pain and suffering)

NOT bereavement damages, future earnings

Question 2

General Damages

Answer 2

1. Future financial loss which cannot be specifically proven; and
2. Non-quantifiable loss (pain, suffering, loss of amenity)

Question 3

Product Liability

Answer 3

Negligence
* Manufacturer (repairer, installer, supplier if ought inspect or know of defect)
* Product (includes packaging)
* Consumer (user and neighbours)
* Reached C in form left M and no reasonable possibility of intermediate examination (e.g. sealed, hidden defect, no warning stating it must be tested)

CPA
* Damage (PI, Property exceeding £275 NOT business property or PEL)
* Defect caused damage (not breach)
* Defect (safety of product is not such as persons generally would expect)
* Product (anything)

Question 4

Warning signs and trespassers under OLA 1984

Answer 4

Discharge duty if:
O takes all reasonable steps to give warning of the danger or discourage persons from incurring the risk.

Signs likely sufficient if warns of danger, mentions specific danger and adult.

Property damage is not recoverable

Question 5

What defence is excluded in claims involving drivers

Answer 5

Consent

Question 6

Illegality

Answer 6

Compete Defence (cannot use in conjunction with somethign else):

1. C is commiting an illegal act at time they suffer loss
2. Illegal act causes the loss (not incidental - NOT crash whilst transporting drugs / traffic offence INCLUDES encouraging reckless driving, escaping burglary, blowing open safe)
3. Illegact act is serious

Question 7

When is a relationship of close love and affection presumed?

Answer 7

Parent
Child
Spouse
Engaged Couples

Question 8

Who can make a claim under FAA on behalf of estate?

+ bereavement damages

Answer 8

dependent for financial support OR services; and

Spouse or former spouse
cohabitee 2 years
parent or person treated as parent
Child or step-child treated as child
brother, sister, uncle, aunt and their issue

Bereavement damages (spouse or cohabitee 2 years, parent if minor)

Question 9

Standard of care for a child

Answer 9

Reasonable child of D’s age

Question 10

Employer duties to family members

Answer 10

No established duty (likely not reasonably foreseeable to appreciate any familial risk therefore no duty owed to wife)

Question 11

When might emergency services owe a duty to a 999 caller?

Answer 11

Call handler gives an assurance which gives rise to a proximate relationship (assurance and detrimental reliance)

Question 12

When does duty of care between hospital and patient arise?

Answer 12

moment patient is booked in at reception (leaving hospital on being provided with incorrect wait time unlikely to be an intervening act)

Question 13

Police officer duty to colleagues

Answer 13

Police officersassume responsibility for each other to watch each others back - positive duty to act.

Question 14

Council duty of care for act of third parties

Answer 14

No dity unless:
- Concil provides direct undertaking to assume reponsibility
- created source of danger

Question 15

Duty in relation to 3rd party actions

Answer 15

GR: No duty unless:
1. Special relationship between D and C
2. D controls 3rd party
3. D creates source of danger which is sparked by 3rd party (not leaving keys in ignition)
4. D fails to take steps to abate a known danger created by 3rd party

Question 16

Indivisible Injury

Answer 16

Mesothelioma (cannot be attributed proportionately between Ds)

Ds are jointly and severally liable for the entire injury.

Question 17

Divisible Injury

Answer 17

Hearing Loss, Asbesosis (gets worse with more exposure), Fractures, Cumulative Stress Injuries

Damages are apportioned proportionate to each D’s share of the harm caused