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BPP FLK - Tort Exam Questions And 100% Correct Answers
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BPP FLK - Tort Exam Questions And 100% Correct AnswersWhat are the 6 elements of an actionable claim in negligence? - ANS
1. loss or damage
2. duty
3. breach
4. causation
5. remoteness
6. defences
What is the neighbour principle? - ANS the general duty of care to avoid acts or
omissions which you can reasonably foresee would be likely to injure your neighbour (ie
persons I ought reasonably to have in contemplation)
What is the 3 stage test in Caparo v Dickman? - ANSWER where there is no precedent
(ie an analogy with an established authority), the following three steps apply:
1. is the harm foreseeable
2. is there a relationship of sufficient proximity
3. is it fair, just, and reasonable to impose a duty
What is the general rule for liability for omissions? - ANSWER the law of tort only
imposes liaiblity on those who cause injury or damage to another; no such duty is
imposed on a mere failure to act
There is no duty to avoid omissions (Smith) except. (5 things) - ANSWER
1. where there is a statutory duty
2. where there is a contractual duty
,3. where D has sufficient control over the C
4. where D assumes responsibility for C
5. where D creates the risk
What is the general rule regarding liability for acts of third parties? - ANSWER the law of
tort only imposes liability on those who directly cause injury or damage to another; no
such duty is imposed on a failure to prevent a third party causing harm to another
There is a duty for failing to prevent a third party from causing harm Smith except
where. 4 things
ANSWER 1. there is sufficient proximity between D and C
2. there is sufficient proximity between D and T
3. D created the danger
4. the risk was on D's premises
What is the general rule regarding the standard of care owed? - ANSWER the usual
starting point is that D must behave as a reasonable person would in all circumstances
While the reasonable person test is _________________, the court's will have regard to
______________. - ANSWER objective
the particular circumstances which D faced
What is the professional standard principle? - ANSWER a professional must act with the
care and skill expected of an ordinarily skilled man professing to exercise that particular
art or science
What is the standard of care expected of children? - ANSWER that of a reasonable child
of D's age carrying out the relevant act
, D can only escape liability by virtue of an illness or disability if his incapability amounts
to ______________. - ANSWER a total loss of consciousness or control
What is the rule regarding likelihood of harm? - ANSWER The more likely someone is to
get injured, the more likely it is that there will be a breach.
What is the rule relating to magnitude of harm? - ANSWER If any injury that may occur
would be serious, greater care will be needed than if the risk was of a more minor injury.
What is the rule on practicality of precautions? - ANSWER A defendant, in order to
discharge the duty of care, only needs to act reasonably. If, fair and reasonable persons
would not expect them to take the required precautions against even a clearly
foreseeable risk then the court will accordingly not impose liability.
What is the rule in relation to potential benefit of D's conduct? - ANSWER The value to
society of the defendant's activity is a factor the courts consider. In effect the potential
benefits to safety are weighed against any possible damage that may result if the risk is
taken.
According to s 1 Compensation Act 2006, a court considering a claim in negligence or
breach of statutory duty may, in determining whether the defendant should have taken
particular steps to meet a standard of care (whether by taking precautions against a
risk or otherwise), have regard to whether a requirement to take those steps might. (2
things) - ANSWER 1. prevent a desirable activity from being undertaken at all, to a
particular extent or in a particular way, or
2. discourage persons from undertaking functions in connection with a desirable
activity
What is the rule with regard to common practice? - ANSWER If a defendant can show he
has acted in accordance with a practice usually followed by others in that field, this will
be an argument in his favor, and he may escape liability.
However, note that the court can always rule that the common practice is itself
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