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Chap 2 Tort of Negligence
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Cards (146)
What should you be able to distinguish after completing this chapter?
Intentional
conduct and
careless
conduct
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What must a claimant prove to establish a claim in negligence?
All
elements
of negligence must be proven
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What does the duty of care in negligence entail?
Taking
reasonable care
for the safety of others
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What is required to demonstrate knowledge of established duty situations?
Knowledge of rules applied in
novel duty situations
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How is breach of duty defined in negligence?
Failure to meet a
reasonable standard of care
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What factors do courts apply to determine reasonable care?
Various
factors
related
to
the
situation
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What is the tort of negligence defined as?
A breach of a
legal duty of care
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What must the courts determine regarding a defendant's responsibility?
Whether the defendant owed a
duty
to take care
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What are the elements a claimant must prove in negligence?
Duty of care
,
breach
,
causation
,
defences
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What does the neighbour principle establish?
Reasonable care
to avoid
foreseeable
harm
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In the case of Donoghue v Stevenson, what was the claimant's issue?
She did not buy the
ginger beer
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What does the term 'proximity' refer to in negligence?
Close relationship in terms of
foreseeability
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What is the significance of the case Baker TE Hopkins & Son Ltd [1959]?
It established duty to a
rescuer
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What is the Caparo three-part test used for?
Determining duty in
novel situations
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What are the three factors of the Caparo test?
Foresight,
proximity
,
fairness
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What does 'fair, just and reasonable' imply in the Caparo test?
Policy considerations
in
imposing duty
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How do courts gauge current social thought and trends?
By considering
societal
changes in
cases
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What does the term 'neighbour' refer to in the context of negligence?
Persons closely affected by one's
actions
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What is the significance of the case Robinson v Chief Constable of West Yorkshire Police?
Clarified the
Caparo test
application
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What is the first requirement of the Caparo test?
Reasonable
foreseeability
of harm
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What does 'sufficient proximity of relationship' mean in the Caparo test?
Persons
closely affected by my act
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What does 'fair, just and reasonable' imply in the Caparo test?
Courts can consider
policy matters
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How do the neighbour principle and Caparo test compare?
First
two
parts of Caparo express
neighbour
principle
No direct equivalent to third part
Third
part allows courts to consider
policy
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What did Lord Reed clarify about the duty of care in Robinson v Chief Constable of West Yorkshire Police?
Follow established
authority
for
duty
of
care
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What happens when the Supreme Court departs from established authority?
Examine what is
'fair
,
just and reasonable'
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How should courts develop law in novel cases?
Incrementally and by analogy with
authority
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What was the outcome of Bourhill v Young regarding duty of care?
No duty of care owed to Mrs.
Bourhill
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Why was there no duty of care in Bourhill v Young?
Bourhill was not a
foreseeable
victim
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What does proximity refer to in the Caparo test?
Relationship between
claimant
and
defendant
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What was the outcome of the Caparo case regarding proximity?
Claim for
damages
failed due to lack of proximity
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What was the outcome of Marc Rich v Bishop Rock Marine Co Ltd regarding duty of care?
NKK
did not owe a duty of care
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Why did the House of Lords rule against imposing a duty on NKK?
It was not
fair
,
just
, and reasonable
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What did Lord Steyn note in Marc Rich v Bishop Rock Marine Co Ltd?
First two limbs of the
test
were satisfied
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What is the critical question in determining duty of care?
Is it
fair
,
just
, and reasonable to impose duty?
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What was the outcome of Hill v Chief Constable of West Yorkshire?
Police
did not owe a duty of care
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Why were the police exonerated in Hill?
They owed a
duty
to the public at large
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What was the key factor in Kirkham v Chief Constable of Greater Manchester Police?
Police assumed a duty towards the
prisoner
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How did Kirkham differ from Hill?
Greater
proximity
existed in Kirkham
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What policy considerations influenced the decisions in Hill and Kirkham?
Duty owed to public
vs.
individual responsibility
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What did the courts consider in Hill regarding exceptional risk?
Exceptional risk might impose a
duty
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