City University (CITY) • LLB Law
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Duty of care of public authorities
Objective Standard

Relevant Factors to the standard of care:
•	Foreseeability of harm
•	Magnitude of the risk
•	Burden of taking precautions
•	Utility of the defendant’s conduct
•	Common practice

Special Situations – Special Standard of Care:
•	 Children
•	Ds acting in an emergency
•	Ds engaged in sport
•	Professional standard of care
•	The Bolam Test
•	Limits of the Bolam Principle
•	PROFESSIONAL STANDARD OF CARE TEST
•	Disclosure of the risk of treatment

Provin...
Includes:

Intervening act of a third party

Intervening Act of the Claimant

Foreseeable type of harm

Eggshell Skull Rule
Includes:

Contributory Negligence

Consent:
•	Exclusion Clauses

Illegality
Includes:

Damages
•	Compensatory Damages
•	Restitutionary Damages
•	Exemplary or punitive damages
•	Aggravated Damages
•	Nominal Damages
•	Contemptuous Damages

Damages for Personal Injury:
•	Non-pecuniary loss (non-financial): pain, suffering and loss
•	Pecuniary Loss (financial)

Death & Damages:
•	2 different types of claim
1.	Claims from the deceased’s estate
2.	Claims from those dependant on deceased

Destruction to property

Injunctions

Self-help Remedies
Includes:
Definition of ‘pure economic loss’

Policy Considerations

Hedley Byrne v Heller [1964] AC

When does a duty for pure economic loss arise?

Hedley Byrne and the Caparo v Dickman Test

‘Special Relationship’ and ‘Assumption of responsibility’

Current Law