Tort

Question 1

What are the four aims of tort law?

Answer 1

1. Vindication (looks back to the wrong)
2. Corrective justice (rights the wrong)
3. Compensation (makes amends for the wrong)
4. Deterrence (deters a similar wrong)

Question 2

Donoghue v Stevenson

Answer 2

Neighbour principle, Duty of Care

Question 3

Nettleship v Weston

Answer 3

Objective test for duty of care for road users

Question 4

Bourhill v Young

Answer 4

Objective ordinary fortitude test

Question 5

McLoughlin v O’Brian

Answer 5

Proximity in relationship, time and space tests for secondary victims (preceded Alcock)

Question 6

Alcock v Chief Constable of South Yorkshire Police

Answer 6

Set out control mechanisms for pure psychiatric harm claims from secondary victims

Question 7

Hicks v Chief Constable of South Yorkshire Police

Answer 7

Requirement of a recognised psychiatric condition to bring a claim in negligence

Question 8

What are the control mechanisms for claims of pure psychiatric harm from secondary victims?

Answer 8

1. Objective ordinary fortitude test
2. Proximity in relationship
3. Proximity in time and space
4. Means by which shock is caused

Question 9

S3 Road Traffic Act 1988

Answer 9

Driving without due care and attention

Question 10

S41D Road Traffic Act 1988

Answer 10

Using a mobile phone whilst driving

Question 11

S11 Civil Evidence Act 1968

Answer 11

Criminal conviction is strong evidence of defendant’s negligence

Question 12

What is the test for breach of duty or care?

Answer 12

Objective from standpoint of reasonable person: what should have been the standard of care, and was it reached by the defendant?

Question 13

What are the three aspects required for a successful claim in negligence?

Answer 13

Duty of care, breach of duty of care and causation

Question 14

What are the two tests for causation?

Answer 14

1. Causation in fact - But For test

2. Causation in law - was loss/damage attributable to the breach of duty

Question 15

Nance v British Columbia Electric Railway Co

Answer 15

Two stage test for contributory negligence

Question 16

What is the two stage test for contributory negligence?

Answer 16

1. Whether the claimant failed to take reasonable steps to ensure their own safety
2. Whether that failure contributed to the damage they suffered