Civil Law

The primary purpose of tort law in the UK is to provide a remedy for the injured party and deter wrongful conduct in the future.

A Duty of Care is a legal responsibility to act with reasonable care and take reasonable steps to protect others from harm.

Causation is established by proving factual causation (the 'but-for' test) and legal causation (the harm was foreseeable).

Remoteness of damage refers to the extent to which the harm was foreseeable, affecting the scope of liability.

Contributory negligence occurs when the claimant's actions contribute to their own harm, reducing their entitlement to compensation.

Medical Negligence, Road Traffic Accidents, Workplace Accidents, Product Liability, and Occupiers' Liability.

The "neighbour principle" is the foundation for the concept of duty of care in negligence cases. It outlines that individuals must take reasonable care to avoid acts or omissions that could reasonably be foreseen to cause harm to their "neighbours."

Foreseeability, proximity, and the "fair, just, and reasonable" test.

The doctrine of strict liability for non-natural use of land, which holds landowners strictly liable for damages caused by an escape of substances from their land.

The case clarified the concept of occupiers' liability, particularly toward trespassers, and the duty of care owed to them by landowners or property occupiers.

Standard of care, reasonableness test, comparative analysis

Special damages and general damages

To put the claimant back in the position they would have been but for the defendant's tortious act.

Punitive damages

To direct the defendant to do, or refrain from doing, a specific act

Duty of care, breach of duty, causation, and damages.

Duty of care refers to the legal obligation one party has to prevent harm to another, which arises when a relationship exists between the parties in which harm could reasonably be anticipated if due care is not taken.

The standard of care refers to the level of care and skill that a reasonable person would exercise in a similar situation. Failure to meet this standard constitutes a breach of duty.

Causation can be proven using the "but for" test (would the harm still have occurred if not for the defendant's breach of duty?), and the "remoteness of damage" test (were the consequences of the breach reasonably foreseeable?).

Losses considered in damages include medical expenses, lost wages and earning capacity, non-financial losses (e.g., pain and suffering, loss of enjoyment of life), and property damage.

Plaintiff's failure to exercise reasonable care, failure to meet standard of care, plaintiff's breach of duty directly contributing to harm.

Gross deviation from standard of care, failure to perceive foreseeable risk of harm, recklessness or wanton disregard for the safety of others.

Significant departure from degree of care expected, reckless and wanton disregard for safety, substantial risk of severe harm.

Duty of care owed by medical professional, breach of standard of care, direct causal link between breach and patient's harm, quantifiable damages.

Contributory negligence.

Duty of care, breach of duty, causation, and damages.

Intentional torts, tort of negligence, and strict liability torts.

Documentary evidence, witness testimony, expert testimony, and photographic and video evidence.

Contributory negligence, comparative negligence, assumption of risk, and last clear chance.

Breach of the standard of care rather than the intent to cause harm.

A legal obligation that one party owes to another, to avoid causing harm or loss through their actions or omissions.

Duty of care is a legal obligation to avoid causing harm or loss, while negligence refers to a breach of duty of care, resulting in harm or loss to the claimant.

Foreseeability, proximity, and fairness, justness, and reasonableness.

Donoghue v Stevenson (1932) established the modern notion of duty of care and the "neighbour principle."

Foreseeability, proximity, and fairness, justness, and reasonableness.

Caparo Industries Plc v Dickman (1990).

A person must take reasonable care to avoid acts or omissions that might reasonably predictably harm their "neighbours."

The nature of the defendant's actions or omissions, the foreseeability of harm, the potential scope of harm, and whether the knowledge of a reasonable person would deem the harm foreseeable.

Under the 1957 Act, occupiers have a duty of care towards lawful visitors, which includes maintaining the premises, managing risks, and providing adequate warnings and adjustments. Under the 1984 Act, a duty of care exists towards trespassers if the occupier is aware of dangers, reasonably foresees trespassers, and manages risks to prevent harm.

The Bolam Test is a legal test used to assess the standard of care in medical negligence cases by evaluating a medical professional's actions against the accepted practices of other competent doctors in the same specialty. It measures a doctor's conduct against the standard of care that would typically be exercised by other doctors in similar circumstances.

To establish a medical negligence claim, the claimant must demonstrate: 1) a duty of care existed between the medical professional and the patient; 2) the medical professional breached their duty of care by deviating from acceptable standards of practice; 3) the patient suffered harm or loss as a direct consequence of the medical professional's breach.

Professionals such as lawyers and accountants also have a duty of care to their clients, requiring the provision of competent and skilled services. A breach of professional duty of care can give rise to a claim of professional negligence.

The Health and Safety at Work Act 1974 aims to secure the safety, health, and welfare of individuals at work and protect the general public from any risks that arise from work-related activities.

Employers must ensure a safe workplace, maintain equipment, implement risk management policies, provide appropriate training and supervision, monitor health and safety measures, and involve employees in health and safety policy development.

The Consumer Protection Act 1987 aims to protect consumers from harm caused by defective products and ensure that manufacturers, suppliers, and retailers exercise a duty of care towards customers.

They must ensure product safety, provide adequate warnings and instructions, monitor and address known risks or defects, and recall or withdraw defective products from the market if necessary.

1. Existence of a duty of care, 2. Breach of that duty, 3. Causation, 4. Damage

Breach of statutory duty is the failure to fulfil obligations set by a specific statute or legislation.

1. Existence of a specific statutory duty, 2. Breach of that duty, 3. Being in the class of persons the statute intends to protect, 4. Harm or loss suffered

Breach of duty of care arises from common law (tort law) duty to exercise reasonable care, while breach of statutory duty arises from obligations set out in specific statutes or legislation.