Evaluation of fault based liability

Question 1

1. A01: Problems of fault liability

Answer 1

Caparo and three elements in novel situations.
Objective reasonable man
Risk factors
Cost of precautions
Causation

Question 2

Forseeable case

Answer 2

Langley

Question 3

Proximity case

Answer 3

Bourhill

Question 4

Fair, just and reasonable case

Answer 4

Hill and Robinson

Question 5

Objective reasonable man case

Answer 5

Nettleship

Question 6

Risk factors case

Answer 6

Paris

Question 7

Cost of precaution case

Answer 7

Latimer

Question 8

Factual causation case

Answer 8

Barnett

Question 9

Remote danger case

Answer 9

Wagon

Question 10

Fault most relevant for

Answer 10

Duty of care
Causation
Objective test

Question 11

What undermines fault?

Answer 11

Thin skull rule

Question 12

1. Arguments for fault A03

Answer 12

floodgates
Compensation culture
Accountability

Question 13

Floodgates case

Answer 13

Cole

Question 14

Compensation culture case

Answer 14

Tomlinson

Question 15

1. Arguments against fault A03

Answer 15

Sometimes fault cant be proven
Public policy cases overlooked
Unpredictable decisions

Question 16

Fault can’t be proven case

Answer 16

Bolton

Question 17

Public policy case

Answer 17

White

Question 18

Unpredictable decision case

Answer 18

Hunter

Question 19

Cost

Answer 19

If loss more fees to pay.
ADR also involves costs.
Ct case expensive.

Question 20

Delay

Answer 20

Ct takes 1-2 years

Question 21

Lawyers

Answer 21

Adds costs.
Can be difficult to find lawyer with the expertise.

Question 22

Adversarial process

Answer 22

Negotiated settlements less likely
Face difficult questioning

Question 23

2. Reform A01

Answer 23

State run schemes like Canada
More court settlements
Raise PI from 1000 to 5000
Road accidents higher than 5k

Question 24

2. Reform A03 state run schemes like Canada advantage

Answer 24

No lawyers no insurance companies so no delays

Question 25

2 Reform State run schemes disadvantage

Answer 25

Employers have to pay to make it work People less careful

Question 26

2 Reform state run scheme Who recommended but it was never auctioned?

Answer 26

Pearson report 1975

Question 27

2 Reform raise Pi limit advantage

Answer 27

Reduce court backlog as reduce claims

Question 28

3 Improve court system

Answer 28

Encourage more group litigation Encourage more ADR Vaccine Payments Damage Act 1979

Question 29

3 Improve court system Vaccine Payments Damage Act 1979

Answer 29

Increase level of compensation from current max 120,000