Tort Flashcards
What are the four aims of tort law?
- Vindication (looks back to the wrong)
- Corrective justice (rights the wrong)
- Compensation (makes amends for the wrong)
- Deterrence (deters a similar wrong)
Donoghue v Stevenson
Neighbour principle, Duty of Care
Nettleship v Weston
Objective test for duty of care for road users
Bourhill v Young
Objective ordinary fortitude test
McLoughlin v O’Brian
Proximity in relationship, time and space tests for secondary victims (preceded Alcock)
Alcock v Chief Constable of South Yorkshire Police
Set out control mechanisms for pure psychiatric harm claims from secondary victims
Hicks v Chief Constable of South Yorkshire Police
Requirement of a recognised psychiatric condition to bring a claim in negligence
What are the control mechanisms for claims of pure psychiatric harm from secondary victims?
- Objective ordinary fortitude test
- Proximity in relationship
- Proximity in time and space
- Means by which shock is caused
S3 Road Traffic Act 1988
Driving without due care and attention
S41D Road Traffic Act 1988
Using a mobile phone whilst driving
S11 Civil Evidence Act 1968
Criminal conviction is strong evidence of defendant’s negligence
What is the test for breach of duty or care?
Objective from standpoint of reasonable person: what should have been the standard of care, and was it reached by the defendant?
What are the three aspects required for a successful claim in negligence?
Duty of care, breach of duty of care and causation
What are the two tests for causation?
- Causation in fact - But For test
2. Causation in law - was loss/damage attributable to the breach of duty
Nance v British Columbia Electric Railway Co
Two stage test for contributory negligence