Unit 1 - Intro to Tort & Negligence; Duty and Breach

Question 1

what are the functions of tort ?

Answer 1

Compensation, Deterrence, Justice, Vindication of rights

Question 2

What are the rules to show Negligence ?

Answer 2

• The defendant owed claimant a duty of care
• The defendant breached this duty
• This breach caused the claimant damage

Question 3

What are the 3 stages of the caparo test and what is it for ?

Answer 3

to see if the courts should issue a novel duty.

1. Forseeability
2. proximity
3. Fair just and reasonable

Question 4

how do you establish a breach of duty ?

Answer 4

you establish what standard we must hold them to - professional, case law, or reasonable person test THEN see if they met those standards

Question 5

what will the courts consider when deciding if you met the standard of care ?

Answer 5

• defendants purpose
• cost and practicality of precautions
• standard of current knowledge