8. Causation and
Remoteness of Damage
1.
What is the basic test for factual causation in the tort
of negligence?
2.
What is the standard of proof in the context of causation?
3.
What is the remarkable effect of the decision in Chester
4.
What were the defendants held liable for in Fairchild
v Glenhaven Funeral Services?
Materially increasing
the risk that the claimants would develop mesothelioma.
5.
What is a novus actus interveniens?
An act which breaks the
chain of causation between the defendant's negligent act and the claimant's
ultimate damage.
6.
Why could the ‘but for’ test not be applied in Fairchild and Barker?
There was an
evidentiary gap in that the court did not have enough information about the way
in which the disease was contracted.
7.
Is it true that the cases of Hotson v East Berkshire HA and Gregg
v Scottestablish that loss of a chance is never recoverable in the tort of
negligence?
No, loss of a chance is
only irrecoverable in the context of personal injury and medical negligence.
8.
What is it that must be foreseeable under the rule
in The Wagon Mound (No. 1)?
The type or nature of
the ultimate damage to the claimant, i.e. not its extent or how it
happened.
9.
What is the name of the rule which says that a tortfeasor
must “take his victim as he finds him”?
The thin skull or
eggshell skull principle.
10.
Which statute has partially reversed the effects of the
House of Lords' decision in Barker v Corus?
The Compensation Act
2006 (s.3)
9. Breach of
Statutory Duty
1.
What is the name of the Law Commission Report on this area
of the law?
Accidents at Work
2.
To whom must the statutory duty be owed for a claim of
this nature to succeed?
The individual claimant
3.
What is the technical term for the defence based on a
claimant's voluntarily placing himself at risk of harm?
volenti non fit injuria
4.
In which case was the defendant held vicariously liable
for breach of statutory duty owed under the Protection from Harassment Act 1997
s.3 by one of its employees?
Majrowski v Guy's and
St Thomas' NHS Trust
5.
Which statutory provision was challenged in Davies
v Health and Safety Executive?
Section 40 of the
Health and Safety at Work Act 1974
10. Occupiers'
Liability
1.
What is the primary difference between the application of
the Occupiers' Liability Act 1957 and the Occupiers' Liability Act 1984?
The 1957 Act applies to
lawful visitors and the 1984 Act to those other than visitors.
2.
Is it true that ‘visitors’ for the purposes of the
Occupiers' Liability Act 1957 includes users of public or private rights of
way?
No
3.
Which statutory provision deals with the specific nature
of the duty owed by occupiers to children?
Section 2 (3) (a) of
the Occupiers' Liability Act 1957
4.
What is the name of the principle applied to situations in
which occupiers have been deemed to allow children to be encouraged on to their
land by a particular feature of it?
The allurement
principle
5.
Which statute, usually of more relevance to the law of
contract, can affect an occupier's liability to affect his own liability?
The Unfair Contract
Terms Act 1977
6.
Is it true that the provisions of UCTA apply
only to business occupiers?
Yes — private occupiers
will be governed by the common law relating to such terms.
7.
What, for these purposes, is a ‘trespasser’?
A person whose presence
on land is unknown to the occupier or, if known, is objected to by the occupier
in some practical way.
8.
What is the name of the statute enacted in order to
balance public access to common countryside with the rights of landowners?
9.
What was the significance of the decision in Gwilliam
v West Hertfordshire Hospital
That occupiers have a
duty to inquire as to the insured status of independent contractors on their
land.
11. Torts Relating
to Land
1.
Name three statutes which add to the forms of trespass
available at common law.
· The Anti-Social
Behaviour Act 2003
· The Serious Organised
Crime and Police Act 2005
· The Criminal Law Act
1977
· The Public Order Act
1986 and the Criminal Justice and Public Order Act 1994
2.
The tort of trespass is actionable per se.
What does this mean?
It means the tort is
actionable without the claimant having to prove actionable damage.
3.
What are the two main differences between the actions of
trespass and nuisance?
Trespass is
actionable per se, whilst nuisance requires damage to be proven.
Trespass concerns direct interference with the claimant's land, whereas
nuisance is concerned with indirect interferences.
4.
What sort of interference must the claimant in a nuisance
action prove, in relation to his land, in order to succeed?
The interference with
his land must have been unreasonable.
5.
What is the primary distinction between private nuisance
and public nuisance?
Private nuisance is
concerned with interferences with private land and public nuisance with
interferences with public land.
6.
In an action for public nuisance, what must a claimant
have suffered in order to succeed?
Special damage
7.
What must a claimant have in order to bring a successful
claim in private nuisance?
A sufficient interest
in the land concerned.
8.
What sort of damage is not recoverable in private
nuisance?
Personal Injury
No comments:
Post a Comment