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