Tort Test 23/2/23

• Which case established the neighbourhood principle?

  Robinson v CC West Yorkshire Police
• What must a claimant prove to establish a claim in negligence?

  Duty of care, breach of duty, damage
• What is the Robinson Approach?

  A judge should look at existing precedent when deciding whether a duty of care exists.
• What is the third stage of the Caparo Test?

  is it fair, just and reasonable to impose a duty?
• What is the first stage of the Caparo Test?

  Was the harm reasonably foreseeable?
• What is the second stage of the Caparo Test?

  Was there sufficient proximity?
• What happened in Kent V Griffiths?

  The ambulance failed to arrive on time, without a reason, to help C's condition.
• How do the courts decide if there is a breach of duty?

  Comparing D's conduct to the standard expected from a reasonable person AND

  risk factors which may raise or lower the standard of care.
• Why was the standard of care higher in Paris v Stepney?

  C was blind in one eye so required more precautions.
• What will be taken into account about the defendant's circumstances when deciding the standard of care owed?

  factual causation and remoteness
• What is the test for factual causation?

  But for test
• Give a key case for factual causation

  Barnett v Chelsea & Kensington Hospital
• What is the test for legal causation?

  Remoteness. C can only claim for types of losses that are a reasonably foreseeable result of D's breach.
• Give a key case for legal causation

  The Wagon Mound
• What are the two defences to a claim in negligence?

  contributory negligence and consent
• What are the two types of remedies?

  Special damages and general damages
• What is the remedy sought in a negligence action?

  to put the claimant in the same position that he or she would have been had the tort not taken place.
• What duty is the claimant under in relation to losses they may have suffered?

  under a duty to keep their loss to a reasonable level.