What is the Caparo Test used for in duty of care cases?
It assesses whether a duty of care exists based on:
1) reasonable foresight of harm
2) sufficient proximity of relationship
3) whether it is fair, just, and reasonable to impose a duty.
What does the maxim ‘res ipsa loquitur’ imply in negligence cases?
It implies that the ‘accident speaks for itself’
What are the 3 conditions for ‘res ipsa loquitur’
Three conditions to be met:
1) The thing causing damage was under the defendant’s control
2) The accident wouldn’t normally happen without negligence
3) The cause is unknown to the claimant
In cases with multiple causes - the claimant needs to show the defendan’t breach —— contributed to the damage?
The claimant only needs to show that the defendant’s breach materially contributed to the damage.
What is the difference between divisible and indivisible injuries?
Divisible injuries allow damage to be apportioned according to each defendant’s contribution
Indivisible injuries allow the claimant to recover full damages from any single defendant.
What reductions in damages apply for not wearing a seatbelt?
A 25% reduction if injuries could have been avoided
15% reduction if injuries would be less severe
0% if wearing a seatbelt would not have made a difference.
What constitutes necessity in the context of trespass to land?
Necessity arises from immediate danger to life, limb, or property
Where the defendant’s actions were reasonable under the circumstances, provided they were not due to the defendant’s own negligence.
How does the negligent act of a third party affect the chain of causation?
It will break the chain if the act is unforeseeably negligent, but not if it is foreseeable.
What type of conduct by a third party is more likely to break the chain of causation?
Reckless or intentional conduct, unless the defendant ought to have foreseen it.
Under what condition will a deliberate act of a third party not break the chain of causation?
If the act is foreseeable and the defendant is responsible for the behavior of the third party, such as foreseen violence of football fans.
When can a claimant’s own behavior break the chain of causation?
It will only break the chain if it is entirely unreasonable; otherwise, it is more likely to be considered contributory negligence.
Test for economic loss to determine whether there is an exception due to a special relationship
1) Defendant must have known purpose for which advise was required
2) Defendant must know advice would be communicated to claimant
3) Defendant must know the claimant was likely to act on advice without independent enquiry
4) Advice must have been acted on by claimant to its detriment
Test for secondary victims of pure psychiatric harm (Alcock control measures)
a) Foreseeability of psychiatric harm - must be reasonably foreseeable a person of normal fortitude would suffer psychiatric illness
b) Proximity of relationship - must have close relationship of love and affection with primary victim
c) Proximity in time and space - must be present at accident or immediate aftermath
d) Proximity of perception must see or hear the accident or its immediate aftermath with their own senses
Who can claim for loss of dependency? + must also be financially dependent on the deceased
a) Current and former married spouses/civil partners, cohabitees who have lived together for at least two years
b) Direct ancestors and descendants - generally child’s period of dependency ends when they reach 18 but is extended where they are in full time education
c) Siblings, aunts, and uncles and their descendants
d) Those treated as children by the deceased in relation to a marriage or civil partnership
Who can claim for bereavement damages
a) Wife, husband or civil partner of deceased
b) the parents of a minor who was never married
c) The cohabiting partner of the deceased who:
- Was living with decased immediately before death
- Had been living with them for at least 2 years
- Was living during the whole of the period as husband / wife
What damages can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act 1934?
Allows deceased estate to claim for losses incurred between injury and death and loss of earnings up to date of death
E.g. pain and suffering, property damage, medical expenses, funeral expenses
What damages be claimed by dependants under the the Fatal Accidents Act 1976?
Allows dependents to claim for loss of dependency and fixed sum for bereavement damages (if on list)
When is a duty to provide competent fellow workers breached?
The duty to provide competent fellow workers is only breached where an employer knows, or ought to know, about the risk a particular employee is posing to fellow workers
How can someone exclude liability for pure economic loss?
Subject to reasonableness test under UCTA (non-consumers) or fairness test under CRA (for consumers).
What is the test for primary victims?
Individuals actually involved in the incident or who reasonably believed they were in danger
They must not have suffered physical injury
What are included in special damages?
Quantifiable financial losses incurred before the trial, such as pre-trial loss of earnings and medical expenses.
What are included in general damages?
Losses that are not precisely quantifiable at trial, including pain, suffering, and future loss of earnings.
What are non-pecuniary losses
Subjective losses such as pain and suffering and objective losses like loss of amenity.
What are pecuniary losses
Include quantifiable financial losses such as medical expenses and loss of earnings.
