Tort of Negligence (General Duty)

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

1. "The omission to do something that a reasonable man would do or doing something which a reasonable and prudent man would not do" This was defined by Alderson B in which case?

  • Blyth v Proprietors of the Birmingham Waterworks
  • Eastern Counties Leather v Cambridge Water
  • Rylands v Fletcher
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2. In Alcock case, House of Lords had established the controls to be satisfied for secondary victim. Which are the following are not among the controls

  • Witnessed the event with unaided senses
  • The psychiatric illness must not arise from a single shocking event
  • Close tie of love and affection

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

  • Children
  • Auctioneers
  • Motorists

4. When deciding the standard of care, there are factors which the judge need to take into account, name one of the factors

  • proxmity relationship
  • magnitude of risk,
  • the character of a reasonable man

5. "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?

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