tort law

Question 1

liable

Answer 1

judges decisions that the case against defendant is proved so defendant should pay compensation

Question 2

civil law

Answer 2

law concerned with relationship between individuals

Question 3

claimant

Answer 3

person who suffered loss or damage and is bringing a claim for compensation

Question 3

defendant

Answer 3

person who caused loss or damage

Question 4

damages

Answer 4

payment of money using compensation

Question 5

injunctions

Answer 5

order of court to stop doing something e.g. stop making noise after 10pm

Question 6

strict liability

Answer 6

civil action where fault of defendant does not need to be proved

Question 7

advantages of strict liability

Answer 7

simpler and cheaper for claimant to prove as doesnt require evidence as to why action happened

Question 8

consent and con neg

Answer 8

defendant can raise a defence and dispute claimants case and suggest claimant wholly or partly caused their own injury

Question 9

negligence test

Answer 9

failing to do something which the reasonable person would do

Question 10

case for negligence

Answer 10

Blythe v birmingham waterworks co

Question 11

what needed for negligence

Answer 11

duty
breach
damage

Question 12

duty of care-neighbour principle

Answer 12

must take reasonable steps to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour

Question 13

case for neighbour principle

Answer 13

donoghue v stevenson

Question 13

who is your neighbour

Answer 13

so closely and directly affected by my act that i ought reasonably have had them in contemplation as being so affected when i am directing my mind to the acts or omissions

Question 14

caparo v dickman point of law

Answer 14

negligence claim will only succeed if 3 hurdles can be passed

Question 15

caparo v dickman test

Answer 15

1.is damage foreseeable
2.is there proximity between parties
3.is it fair just and reasonable to impose a duty

Question 15

foreseeability test

Answer 15

objective test-would a reasonable person in d situation foresee that someone in claimants position may be injured

Question 16

case for foreseeability/objective test

Answer 16

donoghue v stevenson

Question 17

what is involved in duty of care?

Answer 17

reasonably foreseeable harm
proximity between parties
fair just and reasonable to impose a duty

Question 18

case where proximity didnt work

Answer 18

bourhill v young-no sufficient relationship

Question 19

case where proximity worked

Answer 19

mcloughlin v o brien-close relationship

Question 20

case for faur just and reasonableness

Answer 20

kent v griffiths

Question 21

factors affect reasonable man standard

Answer 21

special characteristics of the defendant
special characteristics of the claimant
size of the risk
have practical precautions been taken
benefits of taking risk?

Question 22

special characteristics of the defendant?

Answer 22

meant to be reasonably competent at what they are doing

Question 23

case for special characteristics of defendant

Answer 23

wells v cooper-carpeneter

Question 24

special characteristics of claimant

Answer 24

reasonable man takes more care when the situation demands it

Question 25

case for special characteristics of the claimant

Answer 25

paris v stepney borough council-council didnt provide goggles for mechanics shouldve taken care of one eyed mechanic

Question 26

size of the risk

Answer 26

reasonable takes more care when there is greater risk but doesnt take precautions against highly unlikely events

Question 27

case for size of risk

Answer 27

hayley v london electrical board-blind man missed sign indicating manhole and fell down it

Question 28

have all practical precautions been taken

Answer 28

haley v london electrical board reasonable precautions do not always prevent injury

Question 29

benefits of taking risk case

Answer 29

watt v hertfordshire

Question 30

what does damage mean

Answer 30

causation

Question 31

2 parts to damage

Answer 31

causation in fact remoteness

Question 32

but for test case

Answer 32

barnett v chelsea and kensington hospital

Question 33

remoteness of damage-reasonably foreseeable test

Answer 33

wagon mound-king of damage must be foreseeable

Question 34

type of injury foreseeable case

Answer 34

hughes v lord advocate

Question 35

hughes v lord advocate case

Answer 35

paraffin lamp left unatteneded in manhole and 8 year old boys climbed into it and suffered burns-injury was foreseeable but explosion wasnt

Question 36

Codification

Answer 36

Bringing together all law relating to an area under one act

Question 37

Consolidation

Answer 37

Brings all statute law into one act

Question 38

Statute for consolidation

Answer 38

Education act 1996

Question 39

Repeal

Answer 39

Removal of obsolete laws

Question 40

Law that has been repealed

Answer 40

Ola 84