Requirements for trespass to the person?
1. intentional, 2. Direct, 3. Actionable, 4. Protects Rights
1 of 20
3 distinct torts in trespass to the person?
Assault, battery and false imprisonment
2 of 20
Negligence requirements?
1. Duty of care, 2. Breach of duty, 3. Causation of damage
3 of 20
What is a novel duty?
A new duty which has never come before the courts before.
4 of 20
What are the elements for causation of damage?
1. As a matter of fact, did D cause damage to c? 2. Was there any intervening act? 3. Was the harm foreseeable? 'remoteness'
5 of 20
What defence is available to negligence
contributory negligence
6 of 20
Definition of negligence?
Failure to take proper care over something.
7 of 20
What is the basis of liability in negligence?
Careless conduct, negligence is clearest example of fault-based tort.
8 of 20
Main case for Novel duty situations?
Caporo Industries plc v Dickman
9 of 20
Capro 3 stage test?
1. foreseeability, 2. Proximity, 3. Fair, just and reasonable
10 of 20
lead case for foreseeability?
Bourhill v Young
11 of 20
What is proximity ?
Courts look to find a close enough connection for a duty of care to arise between two people that is fair and reasonable
12 of 20
In what type of cases is proximity likely to arise?
1. Where D has directly caused physical harm to C by positive actions; and (likely) 2. Where D's involvement is indirect; D has omitted to act; C's loss not physical: D is a public body (hard to establish)
13 of 20
Why is hard to show proximity between a public body and an individual?
Public bodies have to treat each citizen the same and not treat one better than the other
14 of 20
Policy arguments to fair,just and reasonable element?
Floodgates arguement, use of public resources, public benefits from imposing duty, detterance
15 of 20
Exception to an omission?
An occasion where D is in position of power of control over another; 1. Either over C or 2. Over third party who the causes harm to C
16 of 20
Lead case for exception to an omission?
Carmarthenshire County Council v Lewis
17 of 20
Breach of duty: Standard of care?
D must meet the standard of care of the ordinary reasonable person in D's position
18 of 20
Exceptions to lower the standard of care?
When Children are the defendants and when the Defendant was acting in an emergency
19 of 20
Standard of care for a Skilled defendant?
D must meet standard of a reasonable person with that skill- Bolam v Frierh
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Card 2


3 distinct torts in trespass to the person?


Assault, battery and false imprisonment

Card 3


Negligence requirements?


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Card 4


What is a novel duty?


Preview of the front of card 4

Card 5


What are the elements for causation of damage?


Preview of the front of card 5
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