Intro: Breach of Duty Outline

Intro: Breach of Duty Outline

  Fault based vs strict liability Question asked- did the D take reasonable care in doing what he did Elements of tort: Duty of care: measured generally. Breach: C has to show D hasn’t attained appropriate standard of care required. Sets the bar, if D…

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Psychiatric Injury Revision Outline

Psychiatric Injury Revision Outline

  Situation where D has caused C only psychiatric injury- it’s a free standing damage. Question- can the C claim for such an injury and if so what are the limits to such a claim? Last 140 years there’s been a wide spectrum of opinions…

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Omissions and Third Parties

Omissions and Third Parties

  1. Policy reasons for limiting liability for a failure to act Stovin v Wise Facts: A county council with statutory power to take steps to make roads safe had decided to cut away a bank from a roadside to improve visibility at a dangerous…

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Public Authorities Revision Notes

Public Authorities Revision Notes

  A.    Introduction Three reasons why their duties are more limited and restricted: A narrower duty of care should be owed because the activity they carry out is for the benefit of the community as a whole it’s not selfish or profit motivated. The source…

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Pure Economic Loss

Pure Economic Loss

  A)   Concept of pure economic loss 1)    Pure economic loss versus consequential economic loss Pure economic loss= a loss that is solely and purely economic C’s less well off than they otherwise would’ve been if the D had acted carefully. E.g. bad investment advice…

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Intro into Negligence

Intro into Negligence

Elements of a cause of action in negligence Court is trying to come up with moral formula with legal consequences Development of the general test   1)    Donoghue v Stephenson Before Donoghue v Stephenson List of situations where negligence was recognised no general principle. Technique…

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