Upload
lawexchangecouk
View
797
Download
0
Tags:
Embed Size (px)
Citation preview
AS Law
100 100
200 200
400 400
300
400
Duty Breach Damages Lucky Dip
300 300 300
200
400
200
100
500 500 500 500
100
Duty 100 points
ForeseeabilityProximity
Fair, Just and reasonable
Name the 3 part test in Caparo using fluent English & examples.
Breach 100 points
Blythe v Birmingham Waterworks
Which case does the ‘reasonable man’ test stem from?
Damages 100 points
Pecuniary loss that canBe specifically calculated
What are ‘Special Damages’?
Lucky Dip 100 points
Barnett v Chelsea & KensingtonHospital
Which case illustrates the ‘but for’ test in negligence?
Duty 200 points
Objective
Is the test for reasonable foreseeablity objective or subjective?
Breach 200 points
Cost and practicality of avoiding risk of harm
Could not close factoryDone everything else possible
What does Latimer v AEC illustrate? Explain how.
Damages 200 points
Non-pecuniary lossEg pain & suffering or
Loss of amenity
Future losses/costs
What is the definition of ‘General Damages’?
Lucky Dip 200 points
Hughes v Lord Advocate
Case for type of injury foreseeable?
Duty 300 points
Bourhill v YoungHill v CC South Yorkshire
Osman v FergusonMc Loughlin v O’Brian
Name a case illustrating proximity & explain the application of the Law
Breach 300 points
Watt v Hertfordshire CC
Which case shows that ‘usefulness of actions’ must be considered?
Damages 300 points
Damages Act 1996
Which Act of Parliament governs structured settlements?
Lucky Dip 300 points
Civil Procedure Rules
What governs case management by judges?
Duty 400 points
Hedley Byrne v HellerAlcock v CC South Yorks
Mulcahy v MODGriffiths v Lindsay
Bradford-Smart v W Sussex CC
Name a case that illustrates the FJR policy where courts would not allow a claim – why?
Breach 400 points
Professionals Bolam v Friern Hospital
ChildrenMullin v Richards
Which 2 categories of person fall outside of the reasonable man test? Name a case for each.
Damages 400 points
Very small award reflectingThe claimant’s corrupt
Behaviour
Grobbelaar v News Group
Explain the term ‘nominal damages’ with a case
Lucky Dip 400 points
Exchange of info’Details of how claim arises
Details of alleged faultDetails of injury or loss
Agreement on expert evidence
Give at least three items dealt with under the Pre-action Protocols
Duty 500 points
Explain the facts of D v S as a short poem or rap
Breach 500 points
1. Absence of explanation2. Harm is such that it does not
ordinarily happen if Proper care is taken
3. What caused the accident wasIn the control of the D
Name the factors that the court will take into consideration to determine Res Ipsa Loquitur
Damages 500 points
C awarded lump sum whilst Waiting for case to Come to full trialInterim payment
What are provisional damages?
Lucky Dip 500 points
Write a four line poem explaining the case of Bolton v Stone