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SMH Legal
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Decks in this class (39)
Negligence: Duty of Care
What does the term tort signify i...,
Define negligence in a legal cont...,
What are established duty situati...
14
cards
Negligence: Breach of duty
What must a claimant prove to est...,
How does the case blyth v birming...,
Describe the nature of the reason...
17
cards
Negligence: Causation
What three questions must the cou...,
What is the but for test and how ...,
How does the court handle cases w...
28
cards
Negligence: Pure Economic Loss
What is pure economic loss and ho...,
Why is there generally no duty of...,
Under what circumstances is conse...
22
cards
Negligence: Pure Psychiatric Harm- FS
What is meant by pure psychiatric...,
What are the two key requirements...,
Can fear sorrow or worry alone gi...
42
cards
Negligence: Employer's Liability to Employee- FS
What is the key legal feature of ...,
When can an employer be liable ev...,
What are the four specific duties...
47
cards
Vicarious Liability-FS
What is vicarious liability and h...,
Is vicarious liability a tort in ...,
What three conditions must be sat...
62
cards
Liability of occupiers towards visitors - Occupiers' Liability Act 1957 (Act 1957 - Occupiers’ Liability)- FS
What statutory provision governs ...,
What are the key elements a claim...,
Who qualifies as a visitor under ...
20
cards
Visitor' under occupier's liability 1957-FS
What is the third requirement a c...,
What are the four categories unde...,
What does it mean for a person to...
30
cards
Breach of the occupier's common duty of care 1957- FS
What is the fourth requirement a ...,
What is the general standard of c...,
Is the test for breach under the ...
26
cards
Breach: falling below the standard of care (Act 1957 - Occupiers’ Liability)- FS
What is the test for breach of du...,
How did the case of tedstone v bo...,
Under section 2 of the occupiers ...
12
cards
Breach of Duty - Independent Contractors (Act 1957 - Occupiers’ Liability)- FS
Under what conditions can an occu...,
What does it mean to act reasonab...,
What must an occupier demonstrate...
12
cards
Remaining aspects of occupier's liability claim (Act 1957 - Occupiers’ Liability)- FS
What four elements must a claiman...,
What two further legal elements m...,
What does causation require in th...
12
cards
Liability of occupiers towards trespassers- (Act 1984 - Occupiers’ Liability)- FS
What statutory framework governs ...,
How does the occupiers liability ...,
What is the definition of premise...
35
cards
product liability and duty of care- FS
Why was the consumer protection a...,
Under the narrow rule from donogh...,
How have courts interpreted the t...
23
cards
Product liability under Consumer Protection Act 1987 - Product Liability- FS
What key legal principle was intr...,
What are the three essential elem...,
What types of damage are recovera...
24
cards
Defences under the Consumer Protection Act 1987-FS
Under the consumer protection act...,
What is the defense under section...,
How does section 4 of the act pro...
18
cards
Private Nuisance ( interference + continuous act)- FS
What is the judicially recognized...,
What is meant by interference in ...,
What distinguishes indirect inter...
10
cards
Private Nuisance - Damage- FS
What type of damage must a claima...,
Can personal injury be claimed un...,
What are the two types of recogni...
6
cards
Private Nuisance - unlawful interference (duration + frequency and character of locality)- FS
What does unlawful interference m...,
How does the duration and frequen...,
How was the principle of unreason...
9
cards
Private Nuisance - unlawful interference (Abnormal sensitivity)- FS
How does the court assess interfe...,
Why would a claimant with unusual...,
What happens if a claimant proves...
8
cards
Private Nuisance - unlawful interference (malice, excessive behaviour and public benefit)- FS
What is the significance of malic...,
How does malice affect the legali...,
Why is public benefit typically n...
10
cards
Who can sue in private nuisance? (Private Nuisance)- FS
Who is legally entitled to bring ...,
Why is exclusive possession neces...,
Can a person staying in a hotel r...
8
cards
Who can be sued in private nuisance (Creator of nuisance and occupier)-FS
Who are the three potential defen...,
Can a person be liable for nuisan...,
When is an occupier liable for nu...
10
cards
Who can be sued in private nuisance (owner) (Private Nuisance)- FS
Can a landlord be held liable for...,
Under what condition is a landlor...,
What is the principle behind land...
9
cards
Defences under private nuisance (prescription and statutory authority) (Private Nuisance)- FS
What is the defence of prescripti...,
What condition must be met for th...,
Can a defendant claim prescriptio...
10
cards
Defences under private nuisance (Consent and contributory negligence) (Private Nuisance)- FS
What is the defence of consent vo...,
What must a defendant prove to su...,
Can a claimant who benefits from ...
10
cards
Defences under private nuisance (Act of a third party and Acts of God and nature)- FS
What is the defence of act of a t...,
When does the act of a third part...,
What is the principle linking thi...
10
cards
Remedies for private nuisance (injunction and damages)- FS
What is the primary remedy for a ...,
Under what conditions is a partia...,
Why might a court grant damages i...
10
cards
Remedies for private nuisance (abatement) - FS
What is the remedy of abatement i...,
In what circumstances may a claim...,
Must a claimant give notice befor...
10
cards
Introduction to public nuisance-FS
What is the legal classification ...,
Who generally governs and enforce...,
Under what conditions can public ...
10
cards
Public nuisance - class of people-FS
What is the legal definition of p...,
What are the two essential elemen...,
How does public nuisance differ f...
10
cards
Public nuisance - special damage-FS
What is the second requirement fo...,
Can any member of the public brin...,
What are examples of special dama...
10
cards
Introduction to the rule in Rylands v Fletcher- FS
What is the core principle behind...,
What does strict liability mean i...,
What must the claimant prove to s...
10
cards
four elements to a claim (The rule in Rylands v Fletcher - Nuisance)- FS
What is the core rule established...,
What are the four elements requir...,
What qualifies as the first eleme...
10
cards
Rylands v Fletcher - non-natural use of land-FS
What is the second element of a r...,
How do courts assess whether a us...,
Is storing large quantities of ha...
10
cards
Rylands v Fletcher - Something likely to cause mischief if it escapes-FS
What is the third requirement und...,
Does the object need to be danger...,
Why does foreseeability of harm u...
10
cards
Rylands v Fletcher - it escapes and causes foreseeable harm-FS
What is the fourth requirement un...,
How does the concept of escape di...,
What constitutes an escape for th...
10
cards
REMEDIES FOR RYLAND V FLETCHER-FS
What are the core defences availa...,
What does the defence of statutor...,
When does the act of a third part...
10
cards
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Tort
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