Tort Law Flashcards
(14 cards)
What is Duty Of Care?
Responsibility + obligations owed to another
Applying DOC: What is the case that established duty of care?
Donoghue v Stevenson - Established “neighbour principle”. Those who we reasonably foresee to be affected by our actions kept in contemplation. eg manufacturer -> consumer
Applying DOC: What is the case that contains the established duty principle?
Robinson v Chief Constable of West Yorkshire Police (Robinson test) - If there is clearly an existing duty of care e.g Parent + Child, no further tests are needed. DOC can be determined through common law + precedents.
Applying DOC: What is the case for novel situations?
Caparo v Dickman - 3 parts
1) Damage must be reasonably foreseeable - Would a reasonable person in the defendant’s position have been able to foresee the possibility of damage arising from their actions?
> Kent v Griffiths
2) Claimant and defendant must be close in time, proximity or relationship.
> King v Phillips
Time: How close in time the harm suffered by the claimant was to the defendant’s actions. If a long time has passed this may weaken the claimant’s argument.
Proximity: How physically close the parties were in terms of location for C to have been affected by it. If C was within the area D has a DOC.
Relationship: If there is a sufficient connection between the parties, if they had a close bond eg strong friendship, this strengthens the argument that DOC is owed.
If the parties were close in proximity in any of these ways, C was able to have been affected, and a DOC can be imposed onto D.
3) Must be fair, just and reasonable to impose a duty on the defendant - Courts reluctant to find it fair, just and reasonable to impose DOC on emergency services as it may lead to hesitation when action is needed due to fear of being sued for breaching DOC when they were just trying to do their job.
> Hill v Chief Constable of West Yorkshire Police
What is a breach of duty?
Someone failing to act within required standard of care to prevent loss. If they fall short, they breached their duty.
What is standard of care?
4 standards:
1) Reasonable man (typical standard in the UK) Blyth v Birmingham Waterworks
2) Children (less reasonable than a reasonable man) Mullin v Richards
3) Trainee/learner (same SOC as reasonable man) Nettleship v Weston
4) Professional (more reasonable than a reasonable man) Bolam v Friern Hospital Management
Breach of Duty risk factors
1) Practicality and cost of taking precautions (Latimer v AEC)
2) Degree of risk (Bolton v Stone)
3) Standard of care (Paris v Stepney Borough Council)
4) Social utility (Watt v Hertfordshire County Council)
Factual causation
“but for the actions of the defendant would the consequence have happened to the claimant” - Barnett v Chelsea Kensington Hospitals (C dies of arsenic poisoning after doctor sent C home, doctor not liable because arsenic poisoning has no cure and C could have died anyway)
Legal causation
Asks whether damage was reasonably foreseeable and “not too remote.” This means that damage was not far-fetched in nature and the case of The Wagon Mound demonstrates this.
Legal causation exceptions
If type of harm was foreseen but the extent was not, D is still liable (Bradford v Robinson Rentals)
Where damage was foreseeable but the way it happened was not, D is still liable (Hughes v Lord Advocate)
Thin Skull Rule, you’ll be held liable for full extent of v’s injuries. Take victim as you find them (Smith v Leech Brain)
Special Damages
Covers financial loss from start of event to date of trail (eg medical costs, transport, property damage)
General Damages
Damages rewarded for pain, suffering or injury that prevails after the court trail. It is an estimation of the figure. Calculated under certain heads of damage:
-Loss of amenity (enjoyment + long life)
-Pain and suffering (Injury/trauma)
-Loss of future earnings (loss of work for period of time of even whole life due to event). C will need compensation that helps them sufficiently throughout that period or whole life.
Rules surrounding loss and claiming damages
C must mitigate their loss which is to aim to keep costs as low as possible.
Forms of receiving monetary compensation
Lump sums: A large payment made towards C in one go
Structured settlements: Periodic payments which account for changes in circumstance in C’s life
