This class was created by Brainscape user Imogen Traynor.

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Decks in this class (44)

Duty of care
0  cards
Introduction
What are the elements needed to e...,
Blank 2
2  cards
How to determine whether a duty of care is owed
What do the courts reflect on by ...,
What was the first case to attemp...,
What were the facts of donoghue v...
36  cards
Liability for omissions
General rule for liability for om...,
What do the courts sometimes refe...,
What is a positive duty to act 3
19  cards
Liability for acts of third parties
General rule for liability for ac...,
Exceptions to the general rule 2,
What are the cases for the first ...
27  cards
Public bodies and duty of care
What is the starting point for as...,
What are the two complicating fac...,
In the context of public bodies l...
31  cards
Week two
0  cards
Standard of care
What is the first stage in determ...,
Is the question of what standard ...,
What is the usual starting point ...
36  cards
Breach of duty
What are the two stages in determ...,
In establishing a breach of duty ...,
In establishing a breach of duty ...
34  cards
Common practice in the context of professional negligence
In professional negligence what i...,
Which key case established the te...,
According to limb 2 of the bolam ...
27  cards
Week three
0  cards
Factual causation ('but for' test)
What is the central question that...,
What is the starting point for es...,
State the key definition of the b...
22  cards
Factual causation where the 'but for' test cannot be satisfied
What is the starting point for es...,
The test applied to factual causa...,
Which key case established the ma...
45  cards
Apportionment and multiple sufficient causes
What is apportionment in the cont...,
What is the primary goal of the c...,
In fitzgerald v lane patel what w...
24  cards
Legal causation
What are the two points that must...,
What is the primary function of l...,
What is the legal principle conce...
40  cards
week four
0  cards
remoteness
In negligence law what is the pur...,
Who has the burden of proving tha...,
The legal test for remoteness is ...
32  cards
consent
What is the english translation o...,
In a negligence claim at what sta...,
Who has the burden of proving a d...
24  cards
contibutory negligence
In a negligence claim at what poi...,
Who bears the burden of proof to ...,
What is the general principle of ...
31  cards
illegality
In tort law at what point do defe...,
Who bears the burden of proving a...,
What is the standard of proof for...
32  cards
remedies
What are the two principal remedi...,
What is an injunction in the cont...,
In which types of tort cases are ...
43  cards
week five
0  cards
employers' primary liability
What is employers primary liabili...,
How does employers primary liabil...,
The duty of care imposed on emplo...
40  cards
vicarious liability
What is the legal definition of v...,
Vicarious liability is not a tort...,
Vicarious liability is described ...
33  cards
identifying an employment relationship
In tort law what is the term for ...,
In tort law a contract for servic...,
What is the first main reason why...
31  cards
week six
0  cards
introduction to psychiatric harm
In a negligence claim is psychiat...,
What is the policy argument for r...,
The policy argument of _____ refe...
24  cards
primary victims
What is the key case that establi...,
According to the test in page v s...,
What is the essential first step ...
24  cards
secondary victims
What is the collective name for t...,
For a secondary victim s psychiat...,
Which 1991 house of lords case se...
41  cards
beyond primary and secondary victims
How does psychiatric harm law cat...,
When does a defendant owe a claim...,
What type of claims are a key exa...
20  cards
week seven
0  cards
introduction to pure economic loss
What is the general judicial atti...,
What judicial concern is related ...,
What is a key judicial policy con...
36  cards
exceptions to the general rule for pure economic loss
What is the general rule regardin...,
The general rule that no duty of ...,
What distinction have the courts ...
23  cards
pure economic loss caused by negligent statement
What is the general rule regardin...,
Which key case established an exc...,
In hedley byrne v heller what ser...
45  cards
week eight
0  cards
private nuisance elements
What is the primary purpose of th...,
Which case described private nuis...,
What are the four elements a clai...
45  cards
private nuisance - defences and remedies
What are the two main considerati...,
List the six defences available t...,
What is the defence of 20 years p...
36  cards
public nuisance
What is the key legal definition ...,
In what two areas of law can publ...,
Why is public nuisance now consid...
30  cards
week nine
0  cards
introduction to occupier's liability (1957 act)
What area of law is concerned wit...,
Which statute governs the duty of...,
The occupiers liability act 1984 ...
35  cards
occupier's liability act: breaches and defences
What is the standard of care an o...,
The standard of care under the ol...,
According to pollock v cahill 201...
40  cards
occupier's liability act 1984
What is the primary purpose of th...,
What type of loss is recoverable ...,
According to section 1 8 of the o...
33  cards
occupier's liability and exclusion clauses
What general power does section 2...,
What are the four main restrictio...,
What is the primary restriction i...
23  cards
the rule in rylands v fletcher
What type of interference does th...,
In the original case of rylands v...,
According to blackburn j in rylan...
36  cards

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Tort Law

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