Tort Law Flashcards

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1
Q

What are the 4 Alcock tests? (secondary victims)

A
  • was the person close to the primary victim
  • did they witness traumatic event with their own unaided senses
  • were they proximate to the event or it’s immediate aftermath
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2
Q

define secondary victim

A

someone not in the zone of the physical damage, but witness to traumatic events

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3
Q

define primary victim

A

someone in the zone of physical injury

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4
Q

define psychiatric injury

A

a long-term, diagnosed mental injury that is greater than shock or grief

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5
Q

where did the definition of secondary victims come from

A

Alcock (hillsborough disaster)

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6
Q

define consent in the context of tort

A

voluntary agreement by the claimant, in full knowledge of the circumstances

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7
Q

2 stages of contributory negligence

A

1) claimant failed to take proper care

2) this failure contributes to damage suffered

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8
Q

define vicarious liability

A

a third person has legal responsibility for the unlawful actions of another

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9
Q

5 requirements for Rylands v Fletcher

A
  • accumulation on Ds land
  • likely to do damage if it escapes
  • it escapes
  • non-natural use of the land
  • damage must not be too remote
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10
Q

define Rylands v Fletcher

A

where the escape of a non-naturally stored material onto nearby land damages or destroys that property

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11
Q

what is the case about remoteness of damage for private nuisance

A

wagon mound case

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12
Q

why are there less defences for civil law than there are for criminal

A

the consequence of being guilty in civil law is a lot less severe than criminal law

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13
Q

4 stages for establishing a special relationship (negligent misstatement)

A
  • D possesses some knowledge of topic
  • D knows C will use advice
  • claimant relies on advice and loses money
  • reasonable for C to rely on advice
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14
Q

what are the 4 factors affecting whether the D acted reasonably (OLA)

A
  • degreee of risk
  • cost of precautions
  • potential seriousness of injury
  • importance of actions
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15
Q

what are the 4 standards of care

A
  • reasonable man
  • young person
  • learner
  • professional
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16
Q

what is the difference between Bourhill v Young and McLoughlin v O’Brian

A

in MvB, the C had no choice, whereas in BvY, the C put herself in that position

17
Q

what did Kent v Griffiths show?

A

reasonably forseeable damage

18
Q

what is the Caparo v Dickman 3 stage test?

A
  • Is it reasonably forseeable damage?
  • proximity between 2 parties
  • fair, just and reasonable to establish a DOC
19
Q

what did donaghue v stevenson give us?

A

the neighbour principle

20
Q

can a temporary activity amount to a private nuisance?

A

yes

21
Q

4 factors influencing unlawful influence in the context of nuisance

A
  • locality
  • duration
  • sensitivity
  • malice
22
Q

define private nuisance

A

protecting the rights of the occupier against “unreasonable interference with the enjoyment or use of his land”

23
Q

define tresspassers?

A

persons on the occupier’s land who have no permission or authority to be there

24
Q

who does the 1984 OLA protect?

A

unlawful visitors

25
Q

is the occupier liable if the contractor causes a risk

A

no

26
Q

what do warning signs allow for occupiers?

A

chance to discharge liability

27
Q

define lawful visitors

A

visitors who have been invited or licensed to enter, or have statutory authority to enter, or those who have contractual permission

28
Q

who does the 1957 OLA protect?

A

lawful visitors

29
Q

what are the 2 Occupier’s Liability Acts?

A

1957 and 1984

30
Q

what is the purpose of damages

A

to put the claimant in the position they were in before the tort

31
Q

what are the 2 ways damages are paid

A

lump sum or structured settlements

32
Q

what is the standard of proof in civil?

A

balance of probabilities

33
Q

who is the burden of proof on in civil law?

A

the defendant, to prove it didnt happen

34
Q

what is the case for forseeability in DOC?

A

Kent v Griffiths

35
Q

What happened in Kent v Griffiths

A

Ambulance arrived late

36
Q

What are the 2 cases for Proximity when establishing a DOC

A

Bourhill v Young

McLoughlin v O’Brian

37
Q

which case defines whether it is fair, just and reasonable to establish a DOC?

A

Hills v CC of west Yorkshire