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8 Cards in this Set
- Front
- Back
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duty of care |
The first part of negligence is to establish duty of care… (caparo v dickman) was it reasonably foreseeable? (kent v griffiths) is there a proximate relationship between the claimant and defendant? (bourhill v young) is it fair just unreasonable to impose a duty of care on the defendant? (no public policy?) (hill v ccwy) result - yes or no robinson - doc assumed unless new or novel situation |
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breach of doc pA |
DOC will be breached if the defendant has fallen below the standard of the reasonable man - professional judged against standard of the profession (bolam v friern barnet hospital management committee) - standards of reasonable person of that age (mullins v richards) - judged against reasonable fully qualified job (nettleship v weston) - standard of care required is of the reasonably competent person doing the job in question (wells v cooper) |
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doc breach pB risk factors |
- special characteristics? greater care (paris v stephney borough council) - size of the risk? (bolton v stone) -emergency? (watt v hertfordshire county council) - unknown risk? (roe v minister of health) - practical precautions? (laitmer v aec ltd) |
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damage |
causation in fact: ‘but for’ (barnett v chelsea) intervening acts - break the chain (novus actus interveniens) smith v littlewoods legal causation: not too remote reasonably foreseeable (wagon mound) foreseeable (bradford v robinson rentals) not foreseeable too remote (doughty v turner asbestos) |
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egg shell rule |
smith v leech brain and co |
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defences |
contributory negligence (law reform contributory negligence act 1945) yes - (sayers v harlow) consent |
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consent (volenti non fit injuria) |
1) knowledge of the precise risk involved (stermer v lawson) 2) exercise of free choice by c (smith v baker) 3) voluntary acceptance of the risk (ICI v shatwell) |
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remidies - defence fails awarded damages |
special damages - cover damage to vehicle, replacement of damaged clothes, loss of earnings general damages - pain and suffering, loss of amenity, future medical expenses lump sum - once- only award damages act 1996 - structured settlements - periodical payments |
