Liability for Injury to People and Damage to Property (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
3 elements for negligence claim
3 elements for negligence claim
Duty of care, breach, actionable damage
Dryden v Johnson Matthey plc (2018) established
Dryden v Johnson Matthey plc (2018) established
First legal definition of actionable personal injury
3 requirements for actionable personal injury
3 requirements for actionable personal injury
Physical impairment, more than trivial, worse off
Property damage definition
Property damage definition
Harm to personal property (houses, cars, phones, etc.)
Donoghue v Stevenson (1932) established
Donoghue v Stevenson (1932) established
Neighbour principle for duty of care
Caparo 3-part test elements
Caparo 3-part test elements
Foreseeability, proximity, fair/just/reasonable
When to apply Caparo test (Robinson 2018)
When to apply Caparo test (Robinson 2018)
Only in novel cases with no established precedent
How foreseeability is assessed
How foreseeability is assessed
Objectively - general type of harm, not exact mechanism
Proximity factors in duty of care
Proximity factors in duty of care
Time, space, and relationship closeness
Hill v Chief Constable (1988) held
Hill v Chief Constable (1988) held
Police owe no duty in crime detection/prevention