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Law-Exchange.co.uk Shared Resource

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Law-Exchange.co.uk Shared Resource

  1. 1. AS Law
  2. 2. Duty Breach Damages Lucky Dip 100 100 100 100 200 200 200 200 300 300 300 300 400 400 400 400 500 500 500 500
  3. 3. Name the 3 part test in Caparo using fluent English & examples. Foreseeability Proximity Fair, Just and reasonable Duty 100 points
  4. 4. Which case does the ‘reasonable man’ test stem from? Blythe v Birmingham Waterworks Breach 100 points
  5. 5. What are ‘Special Damages’? Pecuniary loss that can Be specifically calculated Damages 100 points
  6. 6. Which case illustrates the ‘but for’ test in negligence? Barnett v Chelsea & Kensington Hospital Lucky Dip 100 points
  7. 7. Is the test for reasonable foreseeablity objective or subjective? Objective Duty 200 points
  8. 8. What does Latimer v AEC illustrate? Explain how. Cost and practicality of avoiding risk of harm Could not close factory Done everything else possible Breach 200 points
  9. 9. What is the definition of ‘General Damages’? Non-pecuniary loss Eg pain & suffering or Loss of amenity Future losses/costs Damages 200 points
  10. 10. Case for type of injury foreseeable? Hughes v Lord Advocate Lucky Dip 200 points
  11. 11. Name a case illustrating proximity & explain the application of the Law Bourhill v Young Hill v CC South Yorkshire Osman v Ferguson Mc Loughlin v O’Brian Duty 300 points
  12. 12. Which case shows that ‘usefulness of actions’ must be considered? Watt v Hertfordshire CC Breach 300 points
  13. 13. Which Act of Parliament governs structured settlements? Damages Act 1996 Damages 300 points
  14. 14. What governs case management by judges? Civil Procedure Rules Lucky Dip 300 points
  15. 15. Name a case that illustrates the FJR policy where courts would not allow a claim – why? Hedley Byrne v Heller Alcock v CC South Yorks Mulcahy v MOD Griffiths v Lindsay Bradford-Smart v W Sussex CC Duty 400 points
  16. 16. Which 2 categories of person fall outside of the reasonable man test? Name a case for each. Professionals Bolam v Friern Hospital Children Mullin v Richards Breach 400 points
  17. 17. Explain the term ‘nominal damages’ with a case Very small award reflecting The claimant’s corrupt Behaviour Grobbelaar v News Group Damages 400 points
  18. 18. Give at least three items dealt with under the Pre-action Protocols Exchange of info’ Details of how claim arises Details of alleged fault Details of injury or loss Agreement on expert evidence Lucky Dip 400 points
  19. 19. Explain the facts of D v S as a short poem or rap Duty 500 points
  20. 20. Name the factors that the court will take into consideration to determine Res Ipsa Loquitur 1. Absence of explanation 2. Harm is such that it does not ordinarily happen if Proper care is taken 3. What caused the accident was In the control of the D Breach 500 points
  21. 21. What are provisional damages? C awarded lump sum whilst Waiting for case to Come to full trial Interim payment Damages 500 points
  22. 22. Write a four line poem explaining the case of Bolton v Stone Lucky Dip 500 points

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