Negligence + Damages

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23 Terms

1

Duty of care

Establishing a legal relationship between parties

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2

Robinson approach

Look for existing precedent

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3

Manufactor + consumer

Donoghue vs Stevens

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4

Doctor + patient

Bolem vs Barnet hospital

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5

Drivers + other road users

Nettleship vs Weston

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6

Employer + employee

Paris vs Stepney

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7

instructor + learner

Day vs performance high sports

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8

Teacher + student

Simonds vs Isle of Wight council

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9

3 stages of caparo test

Harm reasonably foreseeable

Sufficient proximity

Fair just and reasonable

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10

2 Stages of establishing breach

Reasonable person test

Risk factors

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11

Reasonable person test

Blyth vs Birmingham water works

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12

Risk factors (breach of duty)

Probability of harm

Seriousness of potential harm

cost and practicality

unknown risks

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13

Damage

Personal injury or damage to property

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14

2 stage test for damages

Factual causation

Remoteness - Legal causation

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15

Factual causation

But for test - No intervening act

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16

Remoteness

Need to be reasonable foreseeable

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17

Thin skull rule

Smith vs leach brain - take your victim as you find them

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18

Contributory negligence

Partial defence - both parties become responsible

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19

2 stages of consent

Must know the nature and extent of the risk of harm

Voluntarily agree to it

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20

Remedies

Aim to place claimant in position as if tort had not taken place

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21

Special damages

Pre-trial expenses

Loss of property

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22

General damages

Post trial losses

Future losses

Pain and suffering

loss of amenity

specific injury

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23

Mitigation of loss

Claimant must keep loss to a reasonable level

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