Duty of Care
Breach of Duty
Consent
Causation
Contributory Negligence
Remoteness and Loss
Negligence Defences
Illegality
Remedies for Personal injury and Death Claims
Necessity
Pure Economic loss - Negligent Act or Misstatement
Psychiatric Harm
Tort Public vs Private Nuisance
Employers' Primary Liability
Nuisance The Rule in Rylands v Fletcher
Remedies
Vicarious Liability
Principles in Negligence
Legal Requirements under the
Occupiers' Liability Act 1957
Product Liability
Principles in Consumer P
Defences (OL Specific) Occupiers Liability
Exclusion of Liability
, One
E
Man
Tutor to tu
Reasonable foresight of harm to C.
Sufficient Proximity of relationship between C and D. Caparo - Three part te
Fair, just and reasonable to impose a duty.
Bourhill v Young - C claimed she suffered shock and miscarriage due to an accident
caused by D's motorcycle accident as a result of his negligence. C was NOT a
foreseeable victim (like the other road user was) and so no duty was owed to her.
Caparo - C bought shares following D's negligent audit of a company which showed it valu
more than it should have been. There was not sufficient proximity between C and D for a
The 'Floodgates' argument.
Deterrence of a certain type of behaviour.
Resources - Often paid by insurers which may increase cost of
Many factors are relevant:
insurance for society as a whole.
Public Benefit.
Upholding the law.
Breach of Duty
Consent
Causation
Contributory Negligence
Remoteness and Loss
Negligence Defences
Illegality
Remedies for Personal injury and Death Claims
Necessity
Pure Economic loss - Negligent Act or Misstatement
Psychiatric Harm
Tort Public vs Private Nuisance
Employers' Primary Liability
Nuisance The Rule in Rylands v Fletcher
Remedies
Vicarious Liability
Principles in Negligence
Legal Requirements under the
Occupiers' Liability Act 1957
Product Liability
Principles in Consumer P
Defences (OL Specific) Occupiers Liability
Exclusion of Liability
, One
E
Man
Tutor to tu
Reasonable foresight of harm to C.
Sufficient Proximity of relationship between C and D. Caparo - Three part te
Fair, just and reasonable to impose a duty.
Bourhill v Young - C claimed she suffered shock and miscarriage due to an accident
caused by D's motorcycle accident as a result of his negligence. C was NOT a
foreseeable victim (like the other road user was) and so no duty was owed to her.
Caparo - C bought shares following D's negligent audit of a company which showed it valu
more than it should have been. There was not sufficient proximity between C and D for a
The 'Floodgates' argument.
Deterrence of a certain type of behaviour.
Resources - Often paid by insurers which may increase cost of
Many factors are relevant:
insurance for society as a whole.
Public Benefit.
Upholding the law.
