Evaluation

Question 1

Duty

Answer 1

Caparo- ambiguity with proximity-> nit clear what falls within relationship-> overwhelms courts
Allows possibility of legal liability being imposed-> establishes a range of who should be legally protected -> filters claims to not overwhelm
Overlapping pre-existing duties: public and police
Law does not impose a duty for a person to act to prevent reasonable harm-> imposes when assumes responsibility or where they have created a risk to others

Question 2

Breach

Answer 2

Standard same for in and experienced-> NETTLESHIP V WESTON- unfair to Mrs Weston to have been treated as experienced as she was on her third lesson- no distinction
Allows Ds characteristics to be considered - fair-> allies more vulnerable to be protected-> justice as all aspects taken into account
Greater emphasis on health and safety-> barriers and protections-> courts consider whether all appropriate precautions and balances against cost and effort
Fair, no liability if risk taken where the benefit to society is greater than potential harm-> not fair to penalise if life may be saved -> doesn’t overwhelm courts

Question 3

Damages

Answer 3

Factual only appropriate syn one D and one cause of damage -> C may not be able to prove which negligent-> may not receive compensation despite proving duty of care
Legal- rules on remoteness can be unfair to C as they operate to limit D’s liability-> approach in defending what type of damage foreseeable -> reduces liability despite breach-> compensation
Sometimes liability not imposed if intervening act-> D only liable for original damage and not storm damage -> reduces liability despite breach-> compensation
But for test allows for C’s to be treated same way-> bias-> rule of law

Question 4

Defences and remedies

Answer 4

Removes/limits liability- full or partial-> reduces despite obvious breach
Compensation not enough- non-pecuniary-> amnenity and pain and suffering-> justice not achieved as money does not suffice
Not mitigating losses-> less compensation -> unfair as life carries on-> responsibility -> imbalance
Difficult to assess CN-> percentage of weren’t there-> traffic accidents-> subjective
COMPENSATION ACT 2006 overruled Barker and Corus