A level law – AQA
Paper 2 - Tort of negligence
Pre-existing precedent from (Robinson v CCWY police) - a duty of care will be
owed by the defendant to the claimant if there is already a pre-existing
precedent with the same or similar facts.
Examples of pre-existing precedents:
Learners owe a duty of care for others (Nettleship v Weston)
Motorists owe a duty of care to other road users (Nettleship v Weston)
Children owe a duty of care to others (Mullins v Richards)
Parents owe a duty of care to their child (R v Gibbons and Proctor)
Professionals owe a duty of care to others (Bolam v Friern Hospital)
Doctors owe a duty of care to their patients (Bolam v Friern Hospital)
Manufacturers owe a duty of care to their consumers (Donoghue v Stevenson)
Structure for negligence scenarios in the AQA A level law Paper 2 question
paper
State the law
Application of the law
Examples of Application
The claimant (name) may have a claim against the defendant (name) for
negligence. A duty will be owed by the defendant to the claimant if there is
already a pre-existing precedent with the same or similar facts. (Robinson v
CCWY Police)
In this scenario there is already a pre-existing precedent (state the precedent)
as the defendant is a … and the claimant is a … and therefore the defendant
owes a duty of care to the claimant.
Paper 2 - Tort of negligence
Pre-existing precedent from (Robinson v CCWY police) - a duty of care will be
owed by the defendant to the claimant if there is already a pre-existing
precedent with the same or similar facts.
Examples of pre-existing precedents:
Learners owe a duty of care for others (Nettleship v Weston)
Motorists owe a duty of care to other road users (Nettleship v Weston)
Children owe a duty of care to others (Mullins v Richards)
Parents owe a duty of care to their child (R v Gibbons and Proctor)
Professionals owe a duty of care to others (Bolam v Friern Hospital)
Doctors owe a duty of care to their patients (Bolam v Friern Hospital)
Manufacturers owe a duty of care to their consumers (Donoghue v Stevenson)
Structure for negligence scenarios in the AQA A level law Paper 2 question
paper
State the law
Application of the law
Examples of Application
The claimant (name) may have a claim against the defendant (name) for
negligence. A duty will be owed by the defendant to the claimant if there is
already a pre-existing precedent with the same or similar facts. (Robinson v
CCWY Police)
In this scenario there is already a pre-existing precedent (state the precedent)
as the defendant is a … and the claimant is a … and therefore the defendant
owes a duty of care to the claimant.
