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Liability in Negligence

GemmaCoton Law A Levels English

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Liability in Negligence

  1. Duty of Care

    • Donoghue v Stevenson (1932)
      • Neighbour Principle
        • Employer to Employees
        • Doctor to Patient
        • Car driver to pedestrian
        • Householder to Neighbour
    • Caparo Industries v Dickman (1990)
      • Is harm reasonably foreseeable?
        • Haley v London Electricity Board (1965)
        • Bourhill v Young (1943)
      • Is the relationship proximate?
        • Watson v British Board of Control (2000)
        • Caparo Industries v Dickman (1990)
      • Is it fair and reasonable to impose a duty of care?
        • Hill v Chief Constable of West Yorkshire (1998)
        • Kent v Griffiths (2000)
  2. Breach of Duty

    • Blythe v Birmingham Waterworks Co. (1856)
      • 'Reasonable man' test
        • learner
          • Nettleship v Weston
        • Specialist
          • Bolam v Friern
        • Child
          • Mullins v Richards
    • Factors considered relevant by the court
      • Degree of Foreseeablility
        • Roe v Minister of Health (1954)
      • Size of the risk
        • Bolton v Stone (1951)
      • Importance of the Activity
        • Watt v Hertfordshire County Council (1954)
      • Practicality of Precautions
        • Latimer v AEC (1952)
      • Potential seriousness of the injury
        • Paris v Stepney BC (1951)
  3. Damage

    • Causation
      • 'but for' test
      • Barnett v Kensington and Chelsea Hospital (1969)
    • Remoteness of Damage
      • Only losses considered reasonably foreseeable can be recovered
        • Wagon Mound (1961)
      • Type of injury must be reasonably foreseeable not the manner
        • Hughes v Lord Advocate (1963)
      • Precise extent doesn't have to foreseeable
        • Smith v Leech Brain and Co. (1962)
  4. The Courts

    • Civil Courts
      • County Courts
        • Most towns and cities
        • District judges
        • Hears contract, tort, divorce, land disputes etc.
        • All small and fast and some multi track cases
      • High Court
        • Based in London but also in 26 cities and towns
        • Any civil case
        • Single judge hears most cases but sometimes jury used
    • How to Pursue a Civil Claim
      • Claimant fills a claim form and pays a court fee
        • Sent to defendant
          • Can accept and pay
          • Can ignore it and an 'order in default' will be made against him
          • Can choose to contest it
      • Allocated to one of the 3 tracks
        • Time limit set for collecting evidence and preparing witness statements
        • Opportunity for pre-trial settlement using ADR
    • Three Tracks
      • Small Claims
        • Personal Injury under £1,000 and other under £15,000
        • Heard by district judges in county court
        • Informal and Inquisitive style
      • Fast track
        • £5,000 to £15,000
        • Open county court under Judge
      • Multi-track
        • Over £15,000
        • Under £25,000 in county
        • Between £25,000 and £50,000 in court they started
        • Over £50,000 in High Court
    • Burden and Standard Proof
    • Res Ipsa Loquitur
    • Enter text here

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Description
A Levels Law Mind Map on Liability in Negligence, created by GemmaCoton on 31/01/2014.
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GemmaCoton
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