negligence eval

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