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 nonintervention?
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.
5. Duty of Care:
Economic Loss
1. What are the three
main elements necessary for a situation to be covered by Hedley Byrne-type
liability in tort?
A special relationship, reliance and that reliance being
reasonable.
2. Which case outlines an
exception to the rule that, generally, social situations do not give rise to a
special relationship?
Chaudhry v Prabhaker
3. What was the nature of
the claimant's actionable damage in McFarlane v Tayside Health Board?
Wrongful birth
4. Which case is
generally regarded as the ‘high-water’ mark of liability for economic loss in
negligence?
Junior Books v Veitchi Co Ltd
5. Which of their Lordships
in Caparo outlined the five particular circumstances in which
liability for economic loss can lie?
Lord Oliver
6. The courts are
reluctant to allow claims for economic loss in tort generally because they say
that claimants will often have a more appropriate form of redress; what is
this?
A claim in contract
7. Which activity was
involved in the facts of Spring v Guardian Assurance?
The writing of an employment reference.
6. Miscellaneous
Situations
1. What is the legally
significant difference between a large group of persons and an indeterminate
group of persons?
An indeterminate group is one whose membership cannot be
foreseen.
2. Which case formed the
principle that the police owe no duty of care to
individual members of the public?
3. What alternative means
of recovery is open to victims of torts which are also crimes?
Compensation from the Criminal Injuries Compensation Board
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