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paper 2 - done
tort
negligence eval
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Created by
summer halton
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Cards (12)
pro
- duty supports aims of tort -
morality
con -
caparo
test lacks
clarity
making
advice
hard for
lawyers
con
- forseeability and
remoteness
overlap
con -
fair just
and
reasonable
test is
vague
pro
-
caparo
only applied in novel
scenerios
saves
time
con
- no
breach
def and
reasonable
person is
subjective
pro -
burden on c
con -
unfair
to compare
learners
and
competent
people
pro
- damage is
consistent
with
criminal
law
con -
remoteness
is
vague
test
con
-
intervening
acts can be
difficult
to determine
pro - size of
risk
is
good
to consider