Negligence

Question 1

What’s good about Robinson v Chief of West Yorkshire Police?

Answer 1

Keeps law consistent and fair, which allows for better dispute preparation.

Question 2

What’s bad about Robinson v Chief of West Yorkshire police?

Answer 2

If situations have never been seen in court, it won’t be easy to show they were owed a D.o.C in these situations.

Question 3

What’s good about adjusting the standard of care?

Answer 3

More skilled people are held to a higher standard of care; they are more knowledgeable than the reasonable person.

Children aren’t punished for not acting reasonably.

Question 4

What’s bad about adjusting the standard of care?

Answer 4

The rule of Nettleship is harsh as learners are not treated as competent people, but it is justified because learners should be extra careful. After all, it’s dangerous.

Question 5

Positive points about remoteness

Answer 5

Hold people to account for predictable damage is fair

Ensures defendants have adequate health and safety cause they will be responsible for most injuries that happen.

Question 6

Negative points about remoteness

Answer 6

Unfair when damage is disconnected from negligence.

Leech Brain, Mr Smith is unaware of the dominant cancer cells.

A person can sue for damages you expect but can be more serious later.

Question 7

What’s the introduction to negligance?

Answer 7

The tort of negligence is defined in common law. Its elements from Donoghue v Stevenson are:
The duty of care;
The duty of care was breached;
The breach caused damage
And the damage was not too remote.

If the defendant is found liable they will owe the claimant compensation

Question 8

What’s the introduction for the letter?

Answer 8

The letter will cover:

What you can claim for
How to get legal advice
Alternate dispute resolution
Court procedures