OCR A Level Law Paper 2 Section B- Negligence

Use these words to answer the questions: Smith v Leech Brain, Bolam Principle, Damage, Donoghue v Stevenson, causation and remoteness, Non-pecuniary damages, awarding damages, Thin skull rule, Watt v Herts CC, Simmonds v Isle of Wight Council, contributory negligence & Volenti (consent), future financial losses, Latimer v AEC Ltd, 'an act or failure to act which causes injury or damage to another person or their property.', Alcock v Chief Constable of South Yorkshire, Bourhill v Young, Mullins v Richards, Duty of Care, Bolton v Stone Civil Wrong, the accident would not have happened unless there was negligence, Hill v CCWY, Scott v London, there is no other explanation for the injury, Wagon Mound, Kent v Griffiths, Breach of duty, Nettleship v Weston, only needs applying in new and novel cases, But For Test, Court, Hughes v Lord Advocate, Contributory negligence, Caparo v Dickman, Glasgow Corporation v Muir, Paris v SBC, Kemp and Kemp, Roe v MoH, the d is in control of the situation, Special & General, Volenti (Consent)
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Last updated: May 27, 2024
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Answer
What is Tort French for?
Civil Wrong
What is Negligence defined as?
'an act or failure to act which causes injury or damage to another person or their property.'
1st Factor to prove for negligence
Duty of Care
2nd Factor to prove for Negligence
Breach of duty
3rd factor to prove for Negligence
Damage
Which case was the concept of Duty of Care first introduced in? (the neighbour principle)
Donoghue v Stevenson
Which case established the incremental approach 3 stage test for establishing a Duty of Care?
Caparo v Dickman
The first part of the 3 stage test used for establishing a duty of care is: Was the damage or loss foreseeable? Which case goes with this?
Kent v Griffiths
The second part of the 3 stage test used for establishing a duty of care is: Was there sufficient proximity between wrongdoer and claimant? Which case goes with this?
Bourhill v Young
The third part of the 3 stage test used for establishing a duty of care is: Is it just and reasonable to impose a duty of care? Which case goes with this?
Hill v CCWY
which case created the floodgates argument?
Alcock v Chief Constable of South Yorkshire
What did the case of Robinson v Chief Constable of West Yorkshire establish about the Caparo test?
only needs applying in new and novel cases
In which case did Lord Macmillan state that: the reasonable person is described as 'the man on the Clapham Omnibus'?
Glasgow Corporation v Muir
If a duty of care does exist, the duty is to do whatever a reasonable person would do to prevent harm from occurring. Which case established this?
Simmonds v Isle of Wight Council
Courts have decided that the standards of care differ depending on who the duty is owed by. Which principle established that Professional Persons owe a higher duty?
Bolam Principle
Case that showed the standards of a reasonable person are that of a reasonable person of the same age (Reasonable child case):
Mullins v Richards
Case used for learners (Same standards of care)
Nettleship v Weston
There are 5 risk factors to discuss after establishing the reasonable person. Which case is used for standard of care (seriousness of harm)?
Paris v SBC
Risk Factors: which case is used for probability of harm (degree of risk)?
Bolton v Stone
Risk Factors: which case looked at the practicality of taking precautions (risk v cost)?
Latimer v AEC Ltd
Risk Factors: which case looked at risks known at the time?
Roe v MoH
Risk Factors: which case looked at Benefits of the risk?
Watt v Herts CC
Negligence can be inferred if there is no way the outcome could have occurred without negligence-Case
Scott v London
Facts of the case can be treated as negligence if 3 points are proven. what is the first of these?
the d is in control of the situation
Facts of the case can be treated as negligence if 3 points are proven. what is the Second of these?
the accident would not have happened unless there was negligence
Facts of the case can be treated as negligence if 3 points are proven. what is the third of these?
there is no other explanation for the injury.
Damage: which two points need to be considered?
causation and remoteness
Damage: which test is used to prove causation?
But For Test
case used to establish that the damage was not too remote:
Wagon Mound
If a situation occurs where the end result of the damage was foreseeable but the way it occurred was not, the D can still be held liable. Which case established this?
Hughes v Lord Advocate
Which rule states that the D must take their victim as they find them?
Thin skull rule
Case which is used for the above test
Smith v Leech Brain
The aim of what is to put the claimant back in the position they were in before the tort was committed?
awarding damages
What are the two types of damages?
Special & General
Special damages are also known as quantifiable damages. These are losses that can be accounted for before the case goes to what?
Court
General damages: pecuniary damages account for what?
future financial losses
Which book sets out guidelines for cost of injury payments?
Kemp and Kemp
Cost of injury payments are known as what?
Non-pecuniary damages
2 defences relevant to negligence are:
contributory negligence & Volenti (consent)
Which defence will usually result in damages being reduced by a set amount?
Contributory negligence
Which defence states that the C's actions are the main cause of the damage?
Volenti (Consent)
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