Littlewoods Study guides, Revision notes & Summaries

Tort law BPP ( GDL Notes) Exam Questions & Answers 2024/25 Bolam v Friern Hospital Management Committee - ANSWERSWhere the defendant is professional, the standards are that of the defendant's profession or that of the reasonably competent professional in the circumstance Bolam principle: a professional is not negligent if he is acting in accordance with a practice accepted by a reasonable body within that profession (even if their is a contrary body of opinion) In exams PLEASE READ AND...

Duty of care (standard (general and professional)) and breach For a novel case, use the Caparo criteria to develop the scope of duty of care incrementally, by analogy with established authorities Foreseeability of harm: objective test Proximity: relationship of sufficient closeness between claimant and defendant – significant feature of the test Fair, just and reasonable to impose a duty – broad analysis, policy considerations to consider ie floodgates, insurance, crushing liability,...

Duty of Care INTRODUCTION • A tort is an act or omission that gives rise to injury to another and amounts to a civil wrong, for which the courts impose liability • Negligence = represents the most significant tort in practice. It is o the breach of a legal duty to take care by the defendant resulting in loss or damage to the claimant • Establishing a claim in negligence requires the claimant to prove not just that the defendant owed them a duty of care, but also that the defendant b...

- case extract on Salomon v Salomon (general rule on separate corporate personality): high court judgement, CA judgment, HL judgment - case extract on Prest v Petrodel (piercing the corporate veil): difference between concealment and evasion principles - VTB v Nutritek case extract - piercing on ground of sham/facade - piercing on ground of agency - piercing in the interests of justice - piercing in group companies - piercing in duty of care scenarios

A study guide on the principle of duty of care uncovered through the common law. It provides students with terminology, exam tips, academic commentary and judgements so students are able apply their knowledge to exam questions.