Summary Comprehensive Guide to Key Exam Topics in Tort Law
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Course
Law Of Tort (M5402)
Institution
University Of Sussex (UoS)
Book
CLERK & LINDSELL ON TORTS.
This concise exam guide covers essential topics in Tort Law, including negligence, trespass, nuisance, duty of care, damages, and more. It provides clear explanations, landmark cases, and sample questions with model answers. An invaluable resource for students seeking to excel in Tort Law exams, of...
Duty of Care
Donoghue - 1932
- Lord Atkin - ‘Neighbour Principle’
Anns - 1978
- Lord Wilberforce - two-stage test
- ‘proximity’
Caparo - 1990
- Lord Bridge - three stage test - foreseeability,proximity and fair,just and reasonable
Home Office v Dorset Yacht Club - 1970
- Third party - owe duty - if damage was ‘foreseeable’
Bourhill v Young
- No duty owed ‘not a foreseeable victim’ - ‘reasonably anticipated’
Lord Denning - moved for a shift in approach - Spartan Steel - 1973
- ‘I think the time has come to discard these which have proved so elusive’
Robison - 2018 - Lord Reid
- Current Approach - Duty of Care
- ‘Follow the precedents’
- ‘Cases’ - ‘question of duty of care’ that had ‘not previously been decided’
- ‘Court - closet analogies’
- ‘Maintaining the coherence of the law’
- ‘ in order to decide whether the existence of a duty of care would be fair,just and
reasonable’
Liability in negligence - based on public perception of moral wrongdoing - remedy
Broader Ration - Lord Atkin - Donoghue 1932
- ‘Take reasonable care to avoid acts or omissions which you can reasonably foresee
would be likely to injure’
Liability for omissions and acts of third parties
- Smith v Littlewoods - 1987
- Lord Goff - Common law does not impose liability for what are called ‘pure
omissions’
- Stovin v Wise - 1996 - Lord Hoffman
- ‘Sounds reasons why omissions require different treatment from positive conduct’
- Three exceptions
- Control
- Assumed responsibility
- Creation or adoption of risk
Customs and Excise Commissioners v Barclays Bank plc - 2006
- Lord Walker
- ‘ increasingly clear recognition that the three-fold test (Caparo)... does not
provide an easily answer to all our guidelines, but only a set of fairly blunt tools’
Trespass to the Person
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