TORT LIABILITY Flashcards
LIABLE?
DUTY + BREACH + DAMAGE = LIABLE
NEGLIGENCE
Negligence is the omission to do something as a reasonable man.
DUTY
CONNNECTION BETWEEN C AND D
CAPARO TEST- FPF
[ROBINSON] - The analogy of previous cases
BREACH
[BLYTH V BIRMINGHAM] -REASONABLE MAN TEST
inc. special characters of both defendant and claimant. [BOLAM &BILITHO]
BREACH
(Risk factors etc)
Size of risk [PARIS]
All practical precautions followed out [BOLTON V STONE]
Benefits of taking risks [WATT V HERTFORFSHIRE]
DAMAGE
Causation in fact, but for test. [BARNETT V CHELSEA & KENSINGTON]
Remoteness, the type of damage must be foreseeable [THE WAGON MOUND]
NAI- was the damage foreseeable of the original act.
DEFENCES
CONTRIBUITING NEGLIGENCE AND CONSENT
CONTRIBUITING NEGLIGENCE
-Was the claimant negligent?
-Did this contribute to their harm?
-If yes, what proportions of harm was their fault?
[SAYERS V HARLOW]
CONSENT
-Knows specific risk [STERMER V LAWSON]
-Voluntarily accept risk [SMITH V BAKER]
-Agreement to all risks
[ICI V SHATWELL]
REMEDIES
DAMAGES AND INJUNCTIONS
PURPOSE OF DAMAGES
To put the claimant back in the position they were in prior to their negligent act.
MITIGATING OF LOSS
The claimant has a duty to minimise their loss by taking reasonable actions.
HEADS OF DAMAGES
General and special damages
GENERAL DAMAGES
Non pecuniary such as pain, amenity and affecting everyday life.
[WEST V SHEPERD]
SPECIAL
DAMAGES
Pecuniary such as loss to date of trial e.g. loss of earnings, property etc.
