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Decks in this class (70)
Introduction to law of tort and negligence (Duty of care - Negligence)-FS
What is the origin of the word to...,
What is a tort in legal terms 2,
What is a person called who commi...
19
cards
Negligence - types of loss (Duty of care - Negligence)-FS
What does the word tort derive fr...,
What is a tortfeasor 2,
What is tortious liability 3
13
cards
Negligence - duty of care - established duty (Duty of care - Negligence)-FS
What is the second element in the...,
What are the two ways a duty of c...,
On what basis have many establish...
11
cards
Duty of care - novel duty (part I - Donoghue v Stevenson) (Duty of care - Negligence)-FS
What element of the negligence se...,
What distinguishes an established...,
What must a court decide when fac...
22
cards
Duty of care - novel duty (part II - Caparo) (Duty of care - Negligence) -FS
What case redefined the neighbour...,
In what type of situations is the...,
What are the three elements of th...
15
cards
Duty of care - novel duty (part III - Caparo) (Duty of care - Negligence)-FS
What is the second requirement in...,
In general terms what does suffic...,
What is the third requirement in ...
25
cards
General rule + exceptions of control and assumption of responsibility (Duty of care - Negligence)-FS
What is the general rule in tort ...,
What principle about omissions is...,
Which case is authority for the g...
20
cards
Defendant created or adopted the risk (Duty of care - Negligence)-FS
What is the third main exception ...,
In principle terms when can a pos...,
What does the created or adopted ...
12
cards
Failure to prevent third party causing harm - part 1 (Duty of care - Negligence)-FS
What is the general rule about a ...,
What kind of situation was consid...,
Why was no duty of care found in ...
11
cards
Failure to prevent third party causing harm - part 2 (Duty of care - Negligence)-FS
When can a defendant be liable ev...,
What is the key principle where t...,
When does knowledge of a danger o...
15
cards
Standard of care (Breach of duty - Duty of care - Negligence)-FS
For liability in the tort of negl...,
What are the two stages in determ...,
What is the first stage in assess...
15
cards
Standard of care (professional standard) (Breach of duty - Duty of care - Negligence)-FS
What is the general standard of c...,
How does the standard of care for...,
What is the standard of care expe...
12
cards
Standard of care (lower standard for children) (Breach of duty - Duty of care - Negligence)-FS
What higher standard of care is a...,
Why are courts generally reluctan...,
What are the two recognised categ...
13
cards
Standard of care (lower standard for illness and disability) (Breach of duty - Duty of care - Negligence)-FS
What is the second exception to t...,
In general terms when may an adul...,
Why is the illness or disability ...
12
cards
Standard of care (not lowered for adults) (Breach of duty - Duty of care - Negligence)-FS
For exam purposes what is the key...,
Does an adult defendant get a red...,
In the context of adults in a pro...
17
cards
Breach of duty (introduction and common practice) (Breach of duty - Duty of care - Negligence)-FS
After the standard of care has be...,
How does the court structure its ...,
Why does the court use recurring ...
24
cards
Breach of duty (likelihood of harm) (Breach of duty - Duty of care - Negligence)-FS
At what stage of the negligence a...,
What is the second breach factor ...,
How does the likelihood of harm a...
16
cards
Breach of duty (magnitude of harm) (Breach of duty - Duty of care - Negligence)-FS
At what stage of the negligence a...,
How does the magnitude of harm fa...,
How does the seriousness of possi...
16
cards
Breach of duty (practicality of precautions) (Breach of duty - Duty of care - Negligence)-FS
At what stage of negligence is th...,
How does the practicality of prec...,
What does the court examine when ...
13
cards
Breach of duty (sport + potential benefit of defendant's conduct) (Breach of duty - Duty of care - Negligence)-FS
What was the fourth breach factor...,
What was the key point about prac...,
What special context does the spo...
19
cards
Breach of duty (current state of knowledge) (Breach of duty - Duty of care - Negligence) -FS
What is the final breach factor t...,
Against what must the courts asse...,
Why is the timing of the alleged ...
18
cards
Breach of duty (General points) (Breach of duty - Duty of care - Negligence)-FS
When deciding breach of duty how ...,
What does the wagon mound example...,
In the wagon mound balancing exer...
21
cards
Factual Causation - introduction (Causation - Negligence)-FS
What four elements must be presen...,
Which two elements of negligence ...,
What is the third stage in the ne...
21
cards
Factual causation - 'but for' test (Causation - Negligence)-FS
What is factual causation seeking...,
In cases with a single cause of l...,
How is the but for test formulated 3
15
cards
Factual causation - multiple causes (material contribution to loss) (Causation - Negligence)-FS
In what type of situation is the ...,
In cumulative cause cases where t...,
What is meant by material contrib...
18
cards
Factual Causation - multiple causes (material increase in risk) (Causation - Negligence)-FS
In what type of case does the sec...,
What is the second exceptional te...,
What must a claimant prove to est...
11
cards
Factual causation - multiple causes and multiple injuries (Causation - Negligence)-fs
What is meant by successive causa...,
What is meant by successive causa...,
What rule was established in perf...
10
cards
Apportionment of liability between tortfeasors (Causation - Negligence)-FS
When must a court apportion liabi...,
What is the aim of apportioning l...,
How does the court approach appor...
12
cards
Legal Causation (introduction and acts of God) (Causation - Negligence)-fs
What must be considered after fac...,
What is legal causation concerned...,
What is a novus actus interveniens 3
15
cards
Legal Causation (Acts of the claimant) (Causation - Negligence)-FS
What is the third type of novus a...,
How are most instances of unreaso...,
Why is contributory negligence ge...
10
cards
Legal Causation (Acts of third parties) (Causation - Negligence)-FS
What is the second type of novus ...,
When will an act of a third party...,
What is the legal effect of a thi...
15
cards
Reasonably foreseeable harm (Remoteness - Negligence)-FS
After duty breach and causation a...,
What test is used to determine wh...,
What is the basic rule governing ...
10
cards
Claimant's harm is same type as that foreseen by defendant (Remoteness - Negligence)-FS
What is the effect if the claiman...,
What principle was confirmed in t...,
How does the wagon mound illustra...
9
cards
Same kind of damage - no need to foresee the exact way damage occurs (Remoteness - Negligence)-FS
Once the type of damage is reason...,
What principle does hughes v lord...,
In remoteness what matters more t...
9
cards
Same kind of damage - no need to foresee extent of damage (Remoteness - Negligence)-FS
What is the second additional rul...,
If the claimant suffers damage of...,
Does a defendant escape liability...
16
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...
55
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 ...
24
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...
9
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...
9
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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