Exam (elaborations)
AQA A Level Tort Law 2024 Exam Review
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- AQA A level Law
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- AQA A Level Law
AQA A Level Tort Law 2024 Exam Review
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AQA A Level Tort Law 2024Exam Review
Neighbour Principle - Answer>> Donoghue v Stevenson - duty
owed to someone closely affected by what you do or don't do
Modern approach - Answer>> Caparo 3 part test:
1) Reasonably foreseeable D's act/ omission will cause damage?
(Kent)
2) Proximity of time/ space/ relationship (Bourhill v Young)
3) Fair, just and reasonable to impose a duty of care
Economic loss - Answer>> Hedley Byrne added the special
relationship to Caparo:
1) Special skill or expertise (Howard Marine)
2) Voluntarily assumed responsibility of giving advice
3) Knew would rely on advice (Caparo)
4) Reasonable reliance on the advice (Caparo)
5) Relied on advice to detriment (Caparo)
Psychiatric injury - Answer>> - Must be a recognised medical
condition with long term effects (Reilly)
- Primary Victim; directly involved (Chadwick)
- Secondary Victim; witnesses event, not endangered
Alcock Criteria (Secondary Victim) - Answer>> 1) Close tie of
love + affection to Primary V
2) Physical proximity in time + space (McLoughlin)
, 3) Perceived with own unaided senses, no 3rd party information
(Sion)
Blyth v birmingham waterworks - Answer>> D is judged against
the reasonably competent man
Bolam - Answer>> D is judged against the reasonably
competent professional
Nettleship v Weston - Answer>> Inexperience is not take into
account
Mullins v Richards - Answer>> D is judged against a
reasonable child of D's own age
Magnitude of risk (Bolton v Stone) - Answer>> Small risk, no
breach
Precautions (Latimer) - Answer>> No breach if D takes all
reasonable precautions to prevent a breach
Known characteristics of C (Paris v Stepney) - Answer>> D is
expected to take greater care
Social value (Watts) - Answer>> No breach where the damage
results from preventing greater harm
Factual Causation (Barnett) - Answer>> - D's conduct must
cause the damage
- 'But for' test
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