Negligence notes
15 notes by 8 users
This Negligence notes page on GoConqr gathers community-made notes on product liability, breach of duty, causation and damage. The notes support university students and professional candidates, school students, and teachers working through these topics. With over 10 notes, the page spans school, university and professional study. Pick a topic and explore the notes.
Notes
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Factual Causation FACTUAL CAUSATION Whenever considering factual causation, default position is to apply 'but for' test - cite Barnett v Chelsea and Kensington Hospital Management Committee But for D's negligence, C would not have suff...
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Product Liability Product Liability Duty of care Neighbour principle – Lord Atkin Donoghue v Stevenson – manufacturer to ultimate consumer Retailer as defendant – Fisher v Harrods Who can be claimant? Anyone affected by defective produ...
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Tutorial 2 Tort Tutorial 2: What is an “objective” standard of care? Why, if at all, is it superior to a subjective one? According to Macmillan L: “It eliminates the personal equation and is independent of the idiosyncrasies of the p...
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Causation Causation Establish: actionable damage and then existence of a duty of care via established duty situations e.g. police (CHILDREN and PARENT?), sufficient proximity of relationship, reasonable foresigh...
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Advising Yonny - created from Mind Map 1) Who is the Claimant and Defendant? 2) In what tort? 3) What act of the Defendant and 4) Damage to Claimant
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Tutorial 3 Tort Tutorial 3: 1. To what extent is it important to distinguish between factual and legal causation? In which category would you place the novus actus interveniens principle? Factual causation – link between cause...
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Causation and Remoteness Tort - created from Mind Map Causation Factual Causation- But For Test. Breach of Duty must have caused the damage Novus Actus Interviens Problems Multiple Causes Lost Chances Multiple Consecutive Causes Defendant's breach must be the substantial...
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Legal Causation - created from Mind Map Remoteness Break of COC Re Polemis (old test): D liable for all consequence of his negligence
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Factual Causation - created from Mind Map 'But for' test Simple cases Multiple potential causes
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Psychiatric Damage Psychiatric Damage Define psych damage Primary or secondary victim Primary Directly involved + anticipated injury – Page v Smith Rescuer – Chadwick Not just in official category Secondary Alcock’s case Close tie of lo...
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Breach of Duty Breach of DutyThe first thing that the court will consider is the standard of care that the defendant owes the claimant. They should show reasonable competence; Nettleship v Weston. If the defendant is a professional ...
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Civil court procedure pt 1 In civil law the burden of proof is on the Claimant they need to prove that the D was negligent towards them.The standard of proof is how much evidence they need to show in order to win, balance the probabilities.Res ...
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Psychiatric damage Psychiatric illness is the long term consequences of being involved in or witnessing a horrific event. Has C suffered a medially recognised illness? - Can't be grief, sorrow, fear or panic Primary victim - V of ...
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Economic Loss Has C suffered a pure economic loss Consequential always recoverable Pure never unless the exceptions apply. Has D made a negligent misstatement - written or oral which is made carelessly which the C has relied ...
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Causation and Remoteness - created from Mind Map Causation Factual Causation- Novus Actus Interviens Problems Multiple Causes Lost Chances Multiple Consecutive Causes Third Party Act Act of the Claimant Act of Nature Remoteness Test of Remoteness Impecunious Claiman...
More Negligence resources
About negligence notes
GoConqr OriginalWhat these negligence notes cover
The notes offer different ways into the unit. Product Liability covers duty of care and who can be a claimant. Breach of Duty looks at the standard of care, while Psychiatric Damage distinguishes primary and secondary victims. There are also notes on economic loss and civil court procedure.
How to revise with notes
Start with Factual Causation if you want to review the but for test. Its focused explanation gives you a starting point before you compare it with the notes on legal causation and remoteness. For practice with questions, the notes in Tutorial 2 Tort discuss the standard of care.
After reading a note, write a short summary in your own words and check it against the resource. If you want to test recall or see connections between topics, switch to the quizzes or mind maps on the Negligence unit page. Choose a note to begin your revision.
Frequently asked questions
Which note could I start with?
For a focused introduction to causation, start with Factual Causation. It explains the but for test and refers to a case in which it is applied. If you are working on the standard of care instead, Breach of Duty is a useful place to begin.
Are the negligence notes free to use?
Yes. Every note listed on this page is free to open and study without an account. The resources were made by GoConqr users. A free account also lets you save quiz scores and make your own quizzes, mind maps, flashcards and notes.
Which topics do the notes cover?
The page includes notes on product liability, factual and legal causation, breach of duty, psychiatric damage and economic loss. There are also notes on civil court procedure and tutorial questions about tort. The selection supports study from school level through university and professional preparation.