Tort-Negligence skeleton

Negligence

Identify who are the Claimants and who are the defendents?

The elements of Negligence:

Duty of Care

Breach of Duty

Causation in Fact

Causation in Law

Is there a duty of Care?

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

Novel Situation?

Use the 3 stage test in Caparo v Dickman

Reasonable Foreseeability

Reasonable Proximity

Fair, Jsut and Reasonable

Was there a breach of Duty?

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

Exceptions to the General Rule

The Professional

Drivers

Children

Skilled Persons

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

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

But For Test

Successive Cases

Indeterminate Cases

Compensation Act 2006 (Mesothelioma Cases)

Remoteness

Wagon Mound #1

What defences, if any are available?

Contributory Negligence

Consent

Illegality