Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/17

Click to flip

17 Cards in this Set

  • Front
  • Back

If the duty of care isn't already covered by precedent what are the 3 requirements?

1. Harm to claimant must be reasonably foreseeable


2. There must be a relationship of proximity between the claimant and defendant


3. It must be fair, just and reasonable to impose the duty on the defendant

Once claimant has proved duty of care he must show the defendant has breached it. Reasonable man test! (Blyth) Explain:

What the 'reasonable man' would have foreseen, not what the defendant actually did see

Proof. Who is the burden of proving a breach of duty? And what is the test?

Claimant.


Balance of probabilities

In considering what the reasonable man would have foreseen the courts have also considered what?

Likelihood of the occurrence of harm


Gravity of injury (potential seriousness)


Cost if overcoming the risk is cheap there is more likely to be a breach

Example case in Gravity of injury forseen

Paris v Stepney borough council


(Not supply goggles to a one-eyed employee)

Determining damages. Test of remoteness! What was the test of remoteness is negligence laid down by?

The wagon mound.


It provides the defendant should only be liable if the relevant type of loss is a foreseeable consequence of his breach of duty

What is the eggshell rule?

Defendant takes the claimant as he finds him! (Liable even if the claimant is old and suffers worse injuries than someone else would)

Who can be a claimant under the consumer protection act 1987

A person who has suffered an injury or damage to property caused by a defective product


(Rules of foreseeability do not apply)

Who can be a claimant under the consumer protection act 1987

A person who has suffered an injury or damage to property caused by a defective product


(Rules of foreseeability do not apply)

Under section 2(1) of the consumer protection act 1987 what 5 things must the consumer show??

1, they have suffered damage


2, caused by


3, a defect


4, in a product


5, and the person is a potential defendant

What defences are there to the Consumer protection act 1987 (section 4)

'state of the art' producer couldn't discover the defect due to technology'

What is vicarious liability?

Where one or more people can be made liable in tort for the actions of another

Why have vicarious liability?

Liability could be on an employee as they should take the burden too and employees might not be worth suing - employer would be better!

What relationship is necessary for vicarious liability to arise??

Relationship between employee and employer! Can't be a contractor!

What exemption from liability clauses might you see in a contract?

No responsibility is accepted for loss, damage or injury, no claim unless Oman timescale it in the event of a loss liability is limited to x amount.

What is a way to control exemption clauses?

Unfair contract terms act 1977 and common law tests

What is the common law test which should be applied before turning to the unfair trading act?

Does the clause form part of the contract and does the clause cover the breach which has occurred?