Uk Tort Law Negligence Revision

Uk Tort Law Negligence Revision

  • Submitted By: ugauga
  • Date Submitted: 01/28/2014 9:30 AM
  • Category: History Other
  • Words: 362
  • Page: 2
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Hedley, Byrne v Heller - Does this Defendant owe a duty to this Claimant in this situation?

Caparo v Dickman identified 4 stage test:
1. Reasonably foreseeable that D’s conduct will cause damage to C
2. Sufficient proximity between C and D?
3. “Fair, just and reasonable” that a duty should be imposed?
4. Policy

 Blyth v Birmingham waterworks – reasonable man test and compensation act 2006.
 Professions – Bolam Test – standard is that of the ordinary skilled man exercising that special skill
 Nettleship v Weston – learner driver. Standard is lower.
 Bolton v Stone – The higher the risk, the greater effort that must be made to reduce risk.
 Paris v Stepney Borough Council - Where the risk of damage is high, the level of care that must be taken is higher
 Latimer v AEC – slipped on slippery floor and only way to prevent would have been to have closed the factory

Causation - in fact
But for test.
Barnett v Kensington – he would have died anyway.
McGhee v National Coal Board – materially increased the risk.
Fairchild case - the appropriate test of causation is whether the employers had materially contributed to the risk.
Performance Cars v Abraham - 2 Defendants – D2 causes the same damage as D1. D2 is not liable for the damage if we apply the ‘but for’ test

Causation in Law
 The Wagon Mound 1 - Reasonable foreseeability test
Novus actus
 An intervening act that breaks the chain of causation
 Natural event
 Third party
 Act of Claimant

Contributory negligence. S.1(1) Law Reform (Contributory Negligence) Act 1945
 Damage
 Fault of D
 Fault of C
 Causation – consider whether C’s actions have causally contributed to what occurred
Seatbelts – Froom v Butcher
Cycle helmets – Swinton v Annabel’s
Children - Gough v Thorne

Fitzgerald v Lane – crossed street when the light was red, double hitted by 3 cars. Contrib.

 D must have committed a tort
 C must have...

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