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AS Law

Law-Exchange.co.uk Shared Resource

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Page 1: Law-Exchange.co.uk Shared Resource

AS Law

Page 2: Law-Exchange.co.uk Shared Resource

100 100

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400 400

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400

Duty Breach Damages Lucky Dip

300 300 300

200

400

200

100

500 500 500 500

100

Page 3: Law-Exchange.co.uk Shared Resource

Duty 100 points

ForeseeabilityProximity

Fair, Just and reasonable

Name the 3 part test in Caparo using fluent English & examples.

Page 4: Law-Exchange.co.uk Shared Resource

Breach 100 points

Blythe v Birmingham Waterworks

Which case does the ‘reasonable man’ test stem from?

Page 5: Law-Exchange.co.uk Shared Resource

Damages 100 points

Pecuniary loss that canBe specifically calculated

What are ‘Special Damages’?

Page 6: Law-Exchange.co.uk Shared Resource

Lucky Dip 100 points

Barnett v Chelsea & KensingtonHospital

Which case illustrates the ‘but for’ test in negligence?

Page 7: Law-Exchange.co.uk Shared Resource

Duty 200 points

Objective

Is the test for reasonable foreseeablity objective or subjective?

Page 8: Law-Exchange.co.uk Shared Resource

Breach 200 points

Cost and practicality of avoiding risk of harm

Could not close factoryDone everything else possible

What does Latimer v AEC illustrate? Explain how.

Page 9: Law-Exchange.co.uk Shared Resource

Damages 200 points

Non-pecuniary lossEg pain & suffering or

Loss of amenity

Future losses/costs

What is the definition of ‘General Damages’?

Page 10: Law-Exchange.co.uk Shared Resource

Lucky Dip 200 points

Hughes v Lord Advocate

Case for type of injury foreseeable?

Page 11: Law-Exchange.co.uk Shared Resource

Duty 300 points

Bourhill v YoungHill v CC South Yorkshire

Osman v FergusonMc Loughlin v O’Brian

Name a case illustrating proximity & explain the application of the Law

Page 12: Law-Exchange.co.uk Shared Resource

Breach 300 points

Watt v Hertfordshire CC

Which case shows that ‘usefulness of actions’ must be considered?

Page 13: Law-Exchange.co.uk Shared Resource

Damages 300 points

Damages Act 1996

Which Act of Parliament governs structured settlements?

Page 14: Law-Exchange.co.uk Shared Resource

Lucky Dip 300 points

Civil Procedure Rules

What governs case management by judges?

Page 15: Law-Exchange.co.uk Shared Resource

Duty 400 points

Hedley Byrne v HellerAlcock v CC South Yorks

Mulcahy v MODGriffiths v Lindsay

Bradford-Smart v W Sussex CC

Name a case that illustrates the FJR policy where courts would not allow a claim – why?

Page 16: Law-Exchange.co.uk Shared Resource

Breach 400 points

Professionals Bolam v Friern Hospital

ChildrenMullin v Richards

Which 2 categories of person fall outside of the reasonable man test? Name a case for each.

Page 17: Law-Exchange.co.uk Shared Resource

Damages 400 points

Very small award reflectingThe claimant’s corrupt

Behaviour

Grobbelaar v News Group

Explain the term ‘nominal damages’ with a case

Page 18: Law-Exchange.co.uk Shared Resource

Lucky Dip 400 points

Exchange of info’Details of how claim arises

Details of alleged faultDetails of injury or loss

Agreement on expert evidence

Give at least three items dealt with under the Pre-action Protocols

Page 19: Law-Exchange.co.uk Shared Resource

Duty 500 points

Explain the facts of D v S as a short poem or rap

Page 20: Law-Exchange.co.uk Shared Resource

Breach 500 points

1. Absence of explanation2. Harm is such that it does not

ordinarily happen if Proper care is taken

3. What caused the accident wasIn the control of the D

Name the factors that the court will take into consideration to determine Res Ipsa Loquitur

Page 21: Law-Exchange.co.uk Shared Resource

Damages 500 points

C awarded lump sum whilst Waiting for case to Come to full trialInterim payment

What are provisional damages?

Page 22: Law-Exchange.co.uk Shared Resource

Lucky Dip 500 points

Write a four line poem explaining the case of Bolton v Stone