Law Of Tort Flashcards
Define ‘Tort’
A civil wrong not covered by a breach of contract which allows the claimant to sue
What name is given to a person who commits a Tort?
A tortfeasor
What three things are required for a successful negligence claim?
Duty owed
Duty breached
Damaged as a result
How does Lord Atkin define neighbour in Donoghue v Stevenson?
“Persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being affected by my actions/omissions”
What additional three aspects are required for a duty of care from Caparo v Dickman
Reasonable, foreseeable harm
Sufficient proximity between parties
Fair, just and reasonable
What does Robinson v CC of West Yorkshire say?
Duty by analogy, if previous cases say a dirty is owed, there is no need to decide upon fair, just and reasonable
What does Mulcahy v MOD tell us?
No duty exists for duty in battle/ combat immunity
In which case was it said that solicitors immunity for negligence no longer pertains?
Hall v Simons
How is breach of duty of care defined in Blyth v Birmingham Waterworks?
Negligence is the omission to do something which a reasonable man would do or something which a prudent and reasonable man would not do
Why was D not liable in Mullin v Richards?
Children have different standards than Adults
Why was D liable in Nettleship v Weston?
Learner drivers are treated the same as experienced drivers. Judged by standards of a reasonable person, D’s incompetent best is not good enough
Explain the facts and decision in Bolam v Friern Hospital?
B suffered injury as a result of no drugs given prior to shock treatment.
Hospital was not careless, as they were acting typically
What four other aspects are taken into account when deciding whether D has breached a duty
Likelihood of harm - Bolton v Stone
Seriousness of possible injury - Paris v Steprey BC
Utility of D’s act - Simonds v Iow council
Practicality of taking precautions - Latima v AEC
What rule was illustrated in Scott v London and St Kathrine Docks?
if the incident is highly likely to have been caused by D’s negligence, then res ipsa loquitur (let the facts speak for themselves). D must prove a lack of negligence.
Why did the claimant lose in Barnett v Chelsea and Kensington Hospital?
There was a duty beached which did not cause loss
