Tort (Negligence)

Question 1

Outline the 5 stages of a Tort (Negligence) Claim?
(1)
(2) (a) (b)
(3) (a) (b)
(4)
(5)

Answer 1

(1) EXISTENCE OF DUTY
(2) BREACH
(a) Standard of Care
(b) D fall below ‘Standard of Care’
(3) CAUSATION
(a) Factual causation
(b) Legal causation
(4) REMOTENESS
(5) DAMAGES

Question 2

What are the 5 main LOSSES in Tort of Negligence?

Answer 2

(1) PI
(2) Psychiatric Harm
(3) Property Damage
(4) Consequential Economic Loss (CEL)
(5) Pure Economic Loss (PEL)

Question 3

What is ‘Consequential Economic Loss’ (CEL)?

Answer 3

ECONOMIC LOSS resulting from:
(1) PI
(2) Property Damage

E.g. loss of wages from broken arm, loss of revenue from shop closed due to damaged room

Question 4

What are 4 common scenarios a DUTY OF CARE arises in?

Answer 4

(1) Road user and road user
(2) Doctor and patient
(3) Employer and employee
(4) Manufacturer and consumer

Question 5

What is the STANDARD OF CARE for a ‘Normal’ (i.e. nor professional person)?

Answer 5

OBJECTIVE - Did D behave like a ‘REASONABLE PERSON’

Question 6

What is the STANDARD OF CARE for a ‘Professional Person’?

Answer 6

did D behave like a ‘REASONABLY COMPETENT PROFESSIONAL’ (e.g. lawyer)

Question 7

When assessing if D fell below the STANDARD OF CARE:
Factors (a) and b are BALANCED AGAINST factors (c) and (d). What are the factors?

Answer 7

(a) Likelihood of Harm
(b) Likelihood of SERIOUS injury
VS
(c) Practicality of precautions
(d) Benefit of D’s conduct (i.e protest ‘life, limb or property’)

Question 8

(1) What is the primary test of FACTUAL CAUSATION?
(2) What standard is this assessed on?

Answer 8

(1) ‘But for’ Test - ‘but for’ D’s negligent act, C would not have suffered the loss
(2) Balance of Probabilities

Question 9

What is the test of FACTUAL CAUSATION when there are
(1) 2 or more causes (of loss)
(2) Acting Together

Answer 9

C’s negligent act ‘MORE THAN NEGLIGIBLE’ cause of loss

Question 10

What are the 3 possible ‘Intervening Acts’ that would mean there was not LEGAL CAUSATION?

Answer 10

(1) Acts of God / Natural Events
(2) Acts of Third Party
(3) Acts of Claimant

Question 11

There are 3 possible ‘Intervening Acts’ that would mean there was not LEGAL CAUSATION. What condition(s) must be reached for these to break the chain?
(1) Acts of God / Natural Events
(2) Acts of Third Party
(3) Acts of Claimant

Answer 11

(1) Exceptional + NOT Foreseeable
(2) HIGHLY Unforeseeable
(3) HIHGLY Unreasonable

Question 12

What are the 2 questions for determining if a LOSS is too REMOTE?

Answer 12

(1) Was the Loss REASONABLY FORESEEABLE
(2) was the TYPE of Loss FORESEEABLE (type = PI, PD)

Question 13

In assessing REMOTENESS:
(1) What rule applies with regard to the Victim?
(2) What does this mean?

Answer 13

(1) ‘Thin Skull Rule’
(2) Take the victim as you find them

Question 14

What is the purpose of ‘Damages’ in a Tort (negligence) claim?

Answer 14

Put C in position they would have been in if the NEGLIGENT ACT had not occurred

Question 15

In a PI claim (NOT resulting in death), what 2 types of DAMAGES can be claimed?

Answer 15

(1) GENERAL damages
(2) SPECIAL damages

Question 16

What is claimed under ‘GENERAL DAMAGES’ in a PI claim (NOT resulting in death)

Answer 16

Pecuniary (£) losses UP TO TRIAL

(e.g. loss earnings, cost medical care, PD)

Question 17

What 2 categories of damages are claimed under ‘SPECIAL DAMAGES’ in a PI claim (NOT resulting in death)

Answer 17

(1) FUTURE Pecuniary (£) losses - (e.g. future loss wages, medical care)
(2) Pain, suffering and loss of amenity (PSLA)