Negligence chart - Well prepared slides PDF

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Summary

DUTY OF CARE BREACH OF DUTY CAUSATION Standard of Care Bolton v Stone In law Factors of consideration Narrowed down the principle Caparo v Dickman Reasonably foreseeability Proximity Relationship Time Space Fair Just public policy Age Physical disability Acting in emergency skill of harm of harm pra...

Description

DUTY OF CARE

BREACH OF DUTY

REMOTENESS/ CAUSATION

Standard of Care Bolton v Stone In law Factors of consideration

Narrowed down the principle

Caparo v Dickman  Reasonably foreseeability  Proximity - Relationship Time Space  Fair & Just = public policy

- Age - Physical disability - Acting in emergency -Special skill

-Likelihood of harm -Seriousness of harm -Cost & practicability - Social usefulness

D caused C’s loss of damage must be of a type that was reasonably foreseeable (i.e damage must not be too remote

D caused C’s loss/damage

But for test

- mental character - intoxication - inexperience

DEFENCES - Failure to prove one of the elements of negligence. - Limitation Act 1980 - Consent/Volenti non Fit Injuria - Contributory Negligence - Illegality

In fact

Remoteness The Wagon Mound C’s loss/damage must be of a type that was reasonably foreseeable (not too remote) Kind/type of damage foreseeable Manner of infliction Extent of damage (don’t need to foresee full extent (egg-shell skull rule)

Res Ipsa Loquitor

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Breaking the chain of causation Concurrent causes Consecutive causes Multiple causes Novus actus interveniens...