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tort law
negligence
liability in negligence
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Created by
grace sawtell
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Cards (8)
🏚️ damage to property
covers
physical
damage to
land
,
buildings
,
vehicles
and possessions
must be
tangible
and
measurable
damage
📖
Spartan Steel
V
Martin
= loss of metal was recoverable
🛡️ defences to negligence
contributory
negligence (📖 -
Sayers
V
Harlow
)
volenti non fit injuria
(📖 -
Morris
V
Murray
)
illegality
🔸 define negligence
careless
or
reckless
behavior causes
injury
or
loss
to another
🔑 key requirements
duty
of
care
breach
of
duty
causation
and
remoteness
1️⃣ duty of care
defendant must owe a
legal duty
to the claimant
📖
Donoghue
V
Stevenson
= neighbour principle
foreseeability
of harm,
proximity
,
fair
just
and
reasonable
to impose duty
📖
Caparo
V
Dickman
2️⃣ breach of duty
defendant fails to meet the
standard
of care of a
reasonable
person
📖
Blyth
= doing something a prudent person wouldn't do
📖
Bolam
= professionals are judged by competent standards
consider
likelihood
of harm (📖 -
Bolton
V
Stone
),
seriousness
of harm (📖 -
Paris
V
Stepney
), cost of
precautions
(📖 -
Latimer
)
3️⃣ causation & remoteness
factual
= but for test (📖 -
Barnett
)
legal
= harm must be foreseeable (📖 -
Wagon Mound
)
📖
Smith
V
Leech Brain
= apply thin skull rule
🤕 injury to people
personal injury can be
physical
or
psychiatric
proven with
medical
evidence
📖
Paris
= failure to provide goggles caused eye injury