Tort law essay Flashcards
What are the 3 stages of committing a breach of tort under negligent liability?
Duty of care exists, breach of this duty and results in consequential damage.
What tests identify whether a duty of care exist? What case was this established in?
Proximity,
Foreeability of loss
Whether it is fair, just and reasonable to impose a duty of care.
Established in Caparo Industries Plc v Dickman
What did Marc Rich and Co v Bishop Rock Marine establish?
if duty of care already exists such as duty on drivers to other road users then unecessary to be subject to threefold test established in Caparo Industries v Dickman.
Explain the case of Bourhill v Young and state how this explains the foreseeability of loss?
It stated that a motorcyclist owes a duty of care to other road users and those that he could reasonably forsee might be injured by his failure to take reasonable care.
What determines whether someone has breached their duty of care?
Whether they have exposed the defendant to unreasonable risk of harm.
Reasonable man standard - obligation to display an appropriate level of skill and that no allowance should be made for lack of experience or intelligence
Explain the Bolton v Stone case?
held they took reasonable care by building a 7m fence around the cricket ground and given that only 6 balls in 28 years had been struck over the fence there was no risk of unreasonable harm to the claimant.
How did Blyth v Birmingham Waterworks explain the reasonable man standard?
‘Negligence is the omission to do something that a reasonable man would do or doing something that a reasonable man would not do.
What is res ispa loquitur?
Claimant must show, on the balance of probabilities, that they were injured from a negligent act for which the defendant was responsible.
Explain the case of Cork v Kirby Maclean.
identifies that there must be consequential damage for there to breach of tort law. Outlines the ‘but for’ test. ‘If the damage wouldnt have happened but for a particular fault then the fault is the cause of the damage.’
What is contributory negligence?
Whereby a person that suffers injury is partly at fault
What did Lord Denning say about someone who is liable for conributory negligence?
said a person is liable for contributory negligence if he ought to have reasonably forsee that he might get injured if he did not act as a reasonable man (accounting for the carelesness of others) that he might get injured. (Jones v Livock Quarriers)
Explain Capps v Miller Case?
claimant was riding a motorbike without a helmet when he collided with a drivers car who was under the influence. Because he was partyl responsible for the damage to his head, damages were reduced by 10%.
What does section 1.1 of law reform contributory negligence act 1945 state?
Damages recoverable should be reduced to the extent that the court finds equitable given the extent of the claimants responsibility for his injury.
Explain Froom v Butcher?
claimant wasnt wearing a seatbelt and damages were reduced by 15% if wearing a seatblet would have greatly reduced injuriries or 25 % if it would have completely prevented injuries.
How does Hudson v Ridge Manufacturing define Vicarious Liability?
a doctrine whereby the employer will be held liabile for its employees torts. The employee can in turn bring in action costs from the employee under the Civil Liability act 1978.
