Class notes
A-Level AQA Law Tort Summary Notes
- Course
- Institution
- Book
Provides in-depth and reliable notes for the AQA A-Level Law course, covering the Tort module. The notes include all necessary cases, checklists and definitions.
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
A-Level English Legal System notes
-
Revision summary of AQA A-level Law (7162) - Tort Law
-
Revision summary of AQA A-level Law (7162) - The Nature of Law and the English Legal System
Seller
Follow
SELALevels
Reviews received
Content preview
NEGLIGENCECHECKLIST:
1. Duty of care.
2. Breach of duty.
3. Damage.
4. Defences.
5. Damages/remedies.
DUTY OF CARE:
- Establish duty of care using the Caparo test (Caparo v Dickman).
- Caparo test:
+ Was the harm reasonably foreseeable? (Kent v Griffiths).
+ Was there proximity? (Bourhill v Young).
+ Is it fair, just and reasonable to impose a duty of care on the defendant? (Hill).
- Where a duty of care has already been established in a similar situation (due to judicial
precedent), the Caparo test does not need to be applied. Instead, you can simply cite
Robinson v Chief Constable of West Yorkshire.
+ Also states that the police are not exempt from claims in negligence.
BREACH OF DUTY:
- A relevant case is the Alton Towers ‘Smiler’ case.
- Breach of duty is established using the Bolam test (for medical professionals) or the
standard of care test of a reasonable person, and assessing risk factors.
- Bolam test: Montgomery v Lanarkshire: a doctor is under the duty to inform their
patients of all associated risks.
- Standard of care for professionals: a professional is held at the standard of care of the
profession as a whole.
- Standard of care for learners: Nettleship v Weston: their status as a learner is irrelevant
and they are held at the same standard of care as a professional.
- Standard of care for young people:Mullin v Richards: held at the same standard of a
reasonable person of the same age as the individual at the time of the incident.
- Risk factors:
+ Special conditions (Paris v Stepney Council).
+ Size of the risk (Bolton v Stone).
+ Appropriate precautions (Latimer).
+ Unknown risks (Roe v Minister of Heath).
+ Public benefit (Day v High Performance Sports).
DAMAGE:
- Damage is proven through causation and remoteness of damage. Any pre-existing
conditions must also be taken into account.
- Causation: Barnett: did the defendant directly cause the claimant’s loss? If the claimant
would have suffered the loss anyway, then the defendant cannot be liable.
, - Remoteness of damage: the claimant cannot claim for damage that is too remote. The
type of injury must be reasonably foreseeable (Bradford v Robinson Rentals). If it is
not (Doughty v Turner Asbestos), the claimant cannot claim for it.
- Pre-existing condition:
+ Applying the ‘thin skull’ rule (defendant must take the claimant as they find them.
+ Bhamra v Dubb: therefore, if the claimant has a condition that makes them more
susceptible to harm than a reasonable person, the defendant will be held liable.
DEFENCES:
- Includes the following; contributory negligence, consent, warning signs and exclusion
clauses.
- Contributory negligence:
+ Partial defence.
+ For road traffic accidents, if the claimant does not wear a seatbelt then their
damages can be decreased by a minimum of 20%.
+ The Law Reform (Contributory Negligence) Act: any damages awarded to a
claimant can be decreased according to how much they contributed to their own
loss.
- Consent:
+ Full defence.
+ The claimant accepts a voluntary assumption of the risk of harm, therefore no
damage is done to one who consents to the risk.
+ This cannot be used for road traffic accidents.
+ Smith v Baker: the defendant must prove the following criteria:
→ the claimant had precise knowledge of the risk of harm involved.
→ there was an exercise of free choice on behalf of the claimant.
→ the claimant showed a voluntary acceptance of the risk of harm.
- Warning notices:
+ Full defence.
+ Cannot be used for serious injury or death.
+ Staples: warning can be oral or written.
- Exclusion clauses:
+ Occupier has the right to exclude, modify or restrict his duty by agreement.
+ Exceptions include:
→ Unfair Contract Terms Act: their duty cannot be limited from personal
injury or death which results from the defendant’s negligence.
DAMAGES:
- Special damages (pecuniary loss): monetary loss, calculated before and up to the trial.
- General damages (non-pecuniary loss): non-monetary, calculated after the trial onwards,
can be speculative, applies to a loss of amenity, pain and suffering.
- Lump sums: a one-time award of damages.
- Structured settlements: periodic fixed payments.
+ Damages Act 1996: parties can agree that the claimant receives the damages in
periodic payments.
- Mitigation of loss: the claimant is under the duty to keep their loss at a reasonable level.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller SELALevels. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.82. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52510 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now