Liability in Negligence (OCR A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Policy decisions in negligence aim to be
Policy decisions in negligence aim to be
Fair, just & reasonable for society as a whole
3 policy factors for duty of care
3 policy factors for duty of care
Loss allocation, floodgates, practical impact
Floodgates concern
Floodgates concern
Risk of very high volume of similar claims
Robinson v Chief Constable (2018) clarified
Robinson v Chief Constable (2018) clarified
Police don't have blanket immunity from negligence
Standard for breach of duty
Standard for breach of duty
Objective standard - the reasonable man test
Nettleship v Weston (1971) held
Nettleship v Weston (1971) held
Learner driver to same standard as experienced driver
Bolam test standard
Bolam test standard
Reasonable professional in their field (peer standard)
But for test asks
But for test asks
But for breach, would claimant have suffered the harm?
Novus actus interveniens effect
Novus actus interveniens effect
Breaks the chain of causation
The Wagon Mound (1961) remoteness rule
The Wagon Mound (1961) remoteness rule
Type of damage must be reasonably foreseeable