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Lecture 10 handout

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Lecture 10 handout

  1. 1. Foundation Law 2013/14 1 Lecture 10 Law of Torts (1) Reading List:  Jacqueline Martin, “GCSE Law”, 5th edition, Chapter 17-Law of Tort: Introduction & pages 130-137 of Chapter 18-Law of Tort: Negligence Cases:  Barnett v Chelsea & Kensington Hospital Management Committee (1968)  Bolton v Stone (1951)  Bourhill v Young (1943)  Caparo Industries v Dickman (1990)  Donoghue v Stevenson (1932)  Froom v Butcher (1976)  Nettleship v Weston  Paris v Stepney Borough Council (1951)  Roe v Minister of Health (1954)  Scott v London & St Katherine Docks (1865)  Smith v Leech Brain & Co (1962)  The Wagon Mound (1961) Preparatory Questions for Seminar 10: 1. What is a tort? Explain the key aims of the law of torts. 2. What is meant by the term negligence? 3. Briefly outline each of the four elements of negligence and identify who has to prove each one. 4. How does the law decide who owes a duty of care? Use case law to explain your answer. Turn Over Learning Outcomes:  Understand what is meant by a tort and distinguish between a tort and crime;  Be able to outline the different types of torts and the expected standard of behaviour set out under each one;  Explain the tort of negligence and the four key elements of the tort of negligence;  Distinguish between the different types of damages and specifically pure economic loss and consequential economic loss;  Apply legal principles to given facts and demonstrate criticality & analysis when answering fact based questions; and  Analyse case law and be able to apply case law in a persuasive manner to hypothetical case studies.
  2. 2. Foundation Law 2013/14 2 5. In what respect is the case of Donoghue v Stevenson (1932) different to the case of Caparo Industries v Dickman (1990)? 6. Outline the three stage test established in Caparo Industries v Dickman (1990). 7. Explain how breach of duty is established in the tort of negligence. Use case law to explain your answer. 8. Using relevant case law, explain the “but for test” with respect to the issue of causation. 9. What does the term “res ipsa loquitur” mean? 10. Explain what is meant by “contributory negligence”. Use case law to explain your answer. 11. What types of damages are recognised by the law of torts? 12. What is the difference between “pure economic loss” (PEL) and “consequential economic loss” (CEL)?

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