Evaluation: Unit 1 Section B

Question 1

What is the main issue with negligence?

Answer 1

That the burden of proof is on the C

Question 2

What are the issues with negligence? PART 1

1. C__
2. D___
3. Need for r___
4. J____ l__-m____
5. Establishing d___ o_ c___

Answer 2

1. Cost
2. Delay
3. Need for representation
4. Judicial law making
5. Establishing duty of care

Question 3

What are the potential reforms?
1.
2.
3.

Answer 3

1. Claimants get compensation without having to prove anything
2. Claimants only have to prove that they received negligent medical treatment (so without a defendant)
3. More use of ADR

Question 4

Cost

1. Negligence is expensive because______
2. This cost can ___ people from ___ ___

Answer 4

1. Payments must be made to experts

2. This cost can deter people from making claims

Question 5

Delay

1. Delay is usually caused by ___ companies making ____
2. Why is this sensible?

Answer 5

insurance, investigations.

2. If the Insurance company are sure that it was D’s fault, then C might feel reassured that they can get compensation.

Question 6

Need for representation- PART 1

1. Lawyers might be needed for n____ and the___ of ____
2. This adds to the c___ and d___ of a case

Answer 6

Negotation, PREPERATIOn of documents

Cost, delay

Question 7

Need for rep part 2

1. No ___ no ___ option is available but the lawyer offering this will require the C to take out ____ to cover the costs.
2. Needs a ___% chance of winning to be considered for this scheme DESPITE THE FACT THE CLAIMANT ONLY NEEDS TO PROVE ON A BALANCE OF PROBABLILITES.

Answer 7

1. No win no fee, insurance.

2. 75% chance of winning

Question 8

Judicial law making (negligence is mostly common law

1. U_____
2. Judges don’t have experience of e___ and s___ p___

Answer 8

Undemocratic

Economic and social policy

Question 9

Duty of care and public authorities.

1. The courts are reluctant to impose a duty of care on who?
2. Case where SHE couldn’t convince the courts that they owed her a duty of care.

Answer 9

Public authorities.

ABC v St George’s Healthcare NHS trust

Question 10

Reform scheme 1.

1. State-run ___ scheme where claimants wouldn’t have to prove anything.
2. This means there is no need for i___ c___ or l____ costs

Answer 10

Benefits

Insurance companies, lawyer costs

Question 11

Which countries have a scheme?

Answer 11

1. Canada

1. New Zealand

Question 12

In ___ the ____ Commission recommended a scheme similar to New Zealand but this was rejected and not considered again.

Answer 12

1975

Pearson Commission.