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18 Cards in this Set
- Front
- Back
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what is the general principle of the tort of negligence |
make people pay for the damage they caused when their conduct falls below an acceptable standard |
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is tort of negligence modern or old |
modern trespass was developed 1270 |
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whats three areas of tort |
trespass to the person negligence defamation |
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how does LJ Greer define the tort of negligence |
negligence must be the neglect of some duty owed to the person who makes the claim |
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what does Lord Roger in D v East Berkshire Community NHS Trust say about tort law |
the world is full of harm for which the law furnishes no remedy |
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why is the tort of negligence important |
more claims under negligence than any other tort areas the ideas and principles of negligence have influenced the interpretation of other torts |
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what are two areas of law that the ideas and principles of the tort of negligence have influenced |
foreseeability in private nuisance strict liability in Rylands v Fletcher |
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how does Lord Ibbetson describe the tort of negligence |
“thoroughly fragmented” “isolated pockets of negligence liability” “no general principle of negligence” |
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in what year was there an ocean of liability for negligent claims |
1970’s |
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who said that the tort of negligence emerged because of a change in an influence of social & political thinking positive response to victims of workplace injuries strategic economic subsidisation of infant industries |
Conaghan & Mansell |
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who said that changing intellectual trends were featured in the 19th century as well as a change in jurisprudential thought |
G Edward White |
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who came up with the three C’s for Social and Political Thinking |
classification conceptualisation individualism G Edward White |
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whats important to note about Conaghan & Mansell’s victims of workplace category |
as a result of increased industrialisation, individuals have less directuak or contractual relationships with a manufacturer. Negligence makes it easier to bring a claim |
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what contradicts conaghan and Mansell’s victims of workplace category |
the supporting infant industries category gvt wants to help infant industries so the fault principle is prioritised theres only payment when victims can establish fault |
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whats the primary legal mechanism for accident compensation and for personal injuries in the UK |
tort of negligence! :v |
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how does the tort of negligence prevent accidents |
paying compensation acts as a deterrant |
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whats the problem with having insurance companies pay |
claimant gets money but the right person isnt truly held accountable |
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what case says doctors owe a duty of care to patients |
Pippin v Sheppard |
