Tort of Negligence (General Duty)

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  • Created by: pikhan
  • Created on: 29-05-18 08:21

1. There were two tests found in two cases for remoteness of damage in causation. What are they?

  • Re Polemis and Wagon Mound (No. 1)
  • Nettleship v Weston and Bolam v Friern Hospital Management
  • McGhee v NCB and Gregg v Scott
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2. Explain the 'thin skull' or 'eggshell skull' rule

  • A tortfeasor has a duty of care to someone and must guard against the risk of harm being done
  • A tortfeasor is liable for all consequences resulting from his/her tortious activity leading to an injury of another person
  • A tortfeasor is not responsible for any unforeseeable events before or at the time of the incident

3. "This is the test that is used to establish causation in fact. If the harm would not have happened 'but for' the defendant's negligent behaviour, the negligence is the cause of that harm" In which case law described the 'but for' test?

  • Fitzgerald v Lane
  • Cork v Kirby
  • Chester v Afshar

4. There are three ways to claim for nervous shock and which are not among the three ways

  • the claimant was at risk of physical harm but they suffer psychiatric harm instead
  • the claimant suffer difficulty in breathing, dizziness and claustrophobia
  • The claimant was not at risk of physical injury but suffered psychiatric harm because of what their saw or heard

5. List the other professionals to which the Bolam test applies

  • Auctioneers
  • Motorists
  • Children

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