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Tort-Negligence skeleton

Karina Wharton Tort English

Flowchart content

  1. Negligence

  2. Identify who are the Claimants and who are the defendents?

  3. The elements of Negligence:

    Duty of Care

    Breach of Duty

    Causation in Fact

    Causation in Law

  4. Is there a duty of Care?

  5. Recognised duties:

    one road-user to another

    employer to employee

    manufacturer to consumer

    doctor to patient

    solicitor to client

    teacher to student

    parent to child

  6. Novel Situation?

    Use the 3 stage test in Caparo v Dickman

    Reasonable Foreseeability

    Reasonable Proximity

    Fair, Jsut and Reasonable

  7. Was there a breach of Duty?

  8. General Test: Reasonable Man Test:

    Claimant must prove

    The standard of care that should have been exercised

    Whether the Defendent fell below the required standard of care

    Factors: Reasonable Assessment of Risk

    Unforeseeable Harm

    D's Purpose

    Common Practice

    Practicality of Precautions

  9. Exceptions to the General Rule

    The Professional

    Drivers

    Children

    Skilled Persons

  10. Was the breach of duty the factual cause of the damage?

  11. Was the breach of duty the legal cause of the damage?

  12. But For Test

    Successive Cases

    Indeterminate Cases

    Compensation Act 2006 (Mesothelioma Cases)

  13. Remoteness

    Wagon Mound #1

  14. What defences, if any are available?

    Contributory Negligence

    Consent

    Illegality

Information

Description
Tort Flowchart on Tort-Negligence skeleton, created by Karina Wharton on 13/05/2019.
Created by
Karina Wharton · May 2019
Updated
May 18, 2019
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3
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