Tort Law Flashcards
What are the 4 Alcock tests? (secondary victims)
- was the person close to the primary victim
- did they witness traumatic event with their own unaided senses
- were they proximate to the event or it’s immediate aftermath
define secondary victim
someone not in the zone of the physical damage, but witness to traumatic events
define primary victim
someone in the zone of physical injury
define psychiatric injury
a long-term, diagnosed mental injury that is greater than shock or grief
where did the definition of secondary victims come from
Alcock (hillsborough disaster)
define consent in the context of tort
voluntary agreement by the claimant, in full knowledge of the circumstances
2 stages of contributory negligence
1) claimant failed to take proper care
2) this failure contributes to damage suffered
define vicarious liability
a third person has legal responsibility for the unlawful actions of another
5 requirements for Rylands v Fletcher
- accumulation on Ds land
- likely to do damage if it escapes
- it escapes
- non-natural use of the land
- damage must not be too remote
define Rylands v Fletcher
where the escape of a non-naturally stored material onto nearby land damages or destroys that property
what is the case about remoteness of damage for private nuisance
wagon mound case
why are there less defences for civil law than there are for criminal
the consequence of being guilty in civil law is a lot less severe than criminal law
4 stages for establishing a special relationship (negligent misstatement)
- D possesses some knowledge of topic
- D knows C will use advice
- claimant relies on advice and loses money
- reasonable for C to rely on advice
what are the 4 factors affecting whether the D acted reasonably (OLA)
- degreee of risk
- cost of precautions
- potential seriousness of injury
- importance of actions
what are the 4 standards of care
- reasonable man
- young person
- learner
- professional
what is the difference between Bourhill v Young and McLoughlin v O’Brian
in MvB, the C had no choice, whereas in BvY, the C put herself in that position
what did Kent v Griffiths show?
reasonably forseeable damage
what is the Caparo v Dickman 3 stage test?
- Is it reasonably forseeable damage?
- proximity between 2 parties
- fair, just and reasonable to establish a DOC
what did donaghue v stevenson give us?
the neighbour principle
can a temporary activity amount to a private nuisance?
yes
4 factors influencing unlawful influence in the context of nuisance
- locality
- duration
- sensitivity
- malice
define private nuisance
protecting the rights of the occupier against “unreasonable interference with the enjoyment or use of his land”
define tresspassers?
persons on the occupier’s land who have no permission or authority to be there
who does the 1984 OLA protect?
unlawful visitors
is the occupier liable if the contractor causes a risk
no
what do warning signs allow for occupiers?
chance to discharge liability
define lawful visitors
visitors who have been invited or licensed to enter, or have statutory authority to enter, or those who have contractual permission
who does the 1957 OLA protect?
lawful visitors
what are the 2 Occupier’s Liability Acts?
1957 and 1984
what is the purpose of damages
to put the claimant in the position they were in before the tort
what are the 2 ways damages are paid
lump sum or structured settlements
what is the standard of proof in civil?
balance of probabilities
who is the burden of proof on in civil law?
the defendant, to prove it didnt happen
what is the case for forseeability in DOC?
Kent v Griffiths
What happened in Kent v Griffiths
Ambulance arrived late
What are the 2 cases for Proximity when establishing a DOC
Bourhill v Young
McLoughlin v O’Brian
which case defines whether it is fair, just and reasonable to establish a DOC?
Hills v CC of west Yorkshire
