Tort Law Flashcards
(36 cards)
What is a tort?
A tort is defined in Blyth v Birmingham Waterworks Co as “the omission to do something which a reasonable man would do, or doing something which a reasonable man would not do.” It involves a civil wrong and requires three elements: duty, breach, and damage — all three must be proved for a claim to succeed. If D is found liable, the court will usually order damages as a remedy.
What is a duty of care in tort law?
A duty of care is a legal obligation where D must take reasonable steps to avoid causing foreseeable injury or damage to C. It applies in both established situations and new/novel ones. In new or novel situations, the court uses the Caparo v Dickman 3-part test.
What is the first part of the Caparo test?
Foreseeability – Would the reasonable person in D’s position have foreseen that someone in C’s position might suffer damage, harm, or loss? This is an objective test.
Case: Kent v Griffiths – ambulance delay caused C’s asthma attack. Harm was foreseeable from the paramedics’ position, so duty was imposed.
What is the second part of the Caparo test?
Proximity – There must be closeness between D and C in terms of time, space, or relationship.
Case: Bourhill v Young – no proximity as C didn’t witness the accident and was a safe distance away.
What is the third part of the Caparo test?
Fair, just and reasonable – The courts are reluctant to impose a duty where it would place additional burdens on public services or open the floodgates to litigation.
Cases: Hill v Chief Constable of West Yorkshire – police didn’t owe duty to potential victims of crime; Robinson – police owed a duty when their positive actions directly caused harm; Sumner v Colborn – no duty for landowners near highways, as it would encourage excessive claims.
When is the Caparo test applied?
Only in new and novel situations. If duty of care is already established, the courts apply that duty by analogy, as confirmed in Robinson.
Sample sentence for exams: “The first point to consider is whether D owes a duty of care to C. As per Robinson, the Supreme Court held that Caparo is only used in new and novel situations. The court will instead look for an existing analogous duty…
What is breach of duty?
Breach of duty is when D fails to meet the standard of care expected in the circumstances. It is assessed using the reasonable man test, as set out in Blyth v Birmingham Waterworks Co.
How can a breach occur according to Blyth?
- Doing something a reasonable person wouldn’t do, or 2. Failing to do something a reasonable person would do.
How is the standard of care judged for different types of defendants?
• Ordinary person: Compared to an ordinarily competent person doing that task.
Case: Wells v Cooper – D did DIY to a reasonable standard; no breach.
• Learner: Compared to a competent person, not another learner.
Case: Nettleship v Weston – learner driver judged by standard of qualified driver; breach found.
• Professional: Judged by the standard of a reasonably competent professional in that field.
Cases: Bolam – no breach if D acts in accordance with a responsible body of opinion; Roe v Minister of Health – unknown risk at the time; no breach due to following common practice.
• Children: Judged by the standard of a reasonable child of the same age.
Case: Mullin v Richards – 15-year-old not in breach when ruler snapped in school game.
What are the 5 risk factors affecting breach of duty?
They adjust the standard of care upwards or downwards, depending on the situation.
What is the first risk factor affecting breach of duty?
Size of Risk – Higher risk of harm = higher standard of care required.
Case: Bolton v Stone – very low risk of cricket ball causing harm, so no breach.
What is the second risk factor affecting breach of duty?
Special Characteristics of the Claimant – If D knows C has a vulnerability, a higher standard is required.
Case: Paris v Stepney – C was blind in one eye; not providing goggles breached duty due to increased risk.
What is the third risk factor affecting breach of duty?
Practicality of Taking Precautions – If it’s easy/cheap to prevent harm, D is expected to do so.
Case: Latimer v AEC – factory took all reasonable steps to reduce flood risk; no breach.
What is the fourth risk factor affecting breach of duty?
Social Utility of the Risk – If D’s action has a social benefit, the court may lower the expected standard.
Case: Watt v Hertfordshire CC – fire crew took a risk during an emergency; justified due to urgency.
What is the fifth risk factor affecting breach of duty?
Unknown Risks – If the risk was unknown or unforeseeable at the time, D won’t be in breach.
Case: Roe v Minister of Health – anaesthetic contamination from phenol was not known in 1947; no breach.
What is a tort?
A tort is defined in Blyth v Birmingham Waterworks Co as “the omission to do something which a reasonable man would do, or doing something which a reasonable man would not do.” It involves a civil wrong and requires three elements: duty, breach, and damage — all three must be proved for a claim to succeed. If D is found liable, the court will usually order damages as a remedy.
What is a duty of care in tort law?
A duty of care is a legal obligation where D must take reasonable steps to avoid causing foreseeable injury or damage to C. It applies in both established situations and new/novel ones. In new or novel situations, the court uses the Caparo v Dickman 3-part test.
What is the first part of the Caparo test?
Foreseeability – Would the reasonable person in D’s position have foreseen that someone in C’s position might suffer damage, harm, or loss? This is an objective test.
Case: Kent v Griffiths – ambulance delay caused C’s asthma attack. Harm was foreseeable from the paramedics’ position, so duty was imposed.
What is the second part of the Caparo test?
Proximity – There must be closeness between D and C in terms of time, space, or relationship.
Case: Bourhill v Young – no proximity as C didn’t witness the accident and was a safe distance away.
What is the third part of the Caparo test?
Fair, just and reasonable – The courts are reluctant to impose a duty where it would place additional burdens on public services or open the floodgates to litigation.
Cases: Hill v Chief Constable of West Yorkshire – police didn’t owe duty to potential victims of crime; Robinson – police owed a duty when their positive actions directly caused harm; Sumner v Colborn – no duty for landowners near highways, as it would encourage excessive claims.
When is the Caparo test applied?
Only in new and novel situations. If duty of care is already established, the courts apply that duty by analogy, as confirmed in Robinson.
Sample sentence for exams: “The first point to consider is whether D owes a duty of care to C. As per Robinson, the Supreme Court held that Caparo is only used in new and novel situations. The court will instead look for an existing analogous duty…
What is breach of duty?
Breach of duty is when D fails to meet the standard of care expected in the circumstances. It is assessed using the reasonable man test, as set out in Blyth v Birmingham Waterworks Co.
How can a breach occur according to Blyth?
- Doing something a reasonable person wouldn’t do, or 2. Failing to do something a reasonable person would do.
How is the standard of care judged for different types of defendants?
• Ordinary person: Compared to an ordinarily competent person doing that task.
Case: Wells v Cooper – D did DIY to a reasonable standard; no breach.
• Learner: Compared to a competent person, not another learner.
Case: Nettleship v Weston – learner driver judged by standard of qualified driver; breach found.
• Professional: Judged by the standard of a reasonably competent professional in that field.
Cases: Bolam – no breach if D acts in accordance with a responsible body of opinion; Roe v Minister of Health – unknown risk at the time; no breach due to following common practice.
• Children: Judged by the standard of a reasonable child of the same age.
Case: Mullin v Richards – 15-year-old not in breach when ruler snapped in school game.
