Liability for Physical Injury to People and Damage to Property (AQA A-Level Law): Flashcards

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Liability for Physical Injury to People and Damage to Property
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3 elements of negligence

Duty of care, breach, causation/damage

Duty of care definition

Legal obligation to take reasonable care to avoid harm

Caparo test 3 parts

Foreseeability, proximity, fair/just/reasonable

Neighbour principle case

Donoghue v Stevenson (1932)

Breach standard (objective test)

What reasonable person would/wouldn't do

Professional standard test

Bolam test

Learner driver standard

Competent driver, not learner (Nettleship v Weston)

Factual causation test

'But for' test

Thin skull rule

Take victim as you find them (incl. vulnerabilities)

Remoteness: what must be foreseeable

Type of damage (not precise chain/extent)

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