Negligence Quiz - Consolidation

' ' v Stevenson created modern-day negligence and the neighbour principle

Robinson explained that you DO NOT need to use the Caparo 3 stage test if...

• There is a novel case

• There is a statutory duty

• An established duty/precedent exists

• You can reason by analogy

If the case IS novel and Caparo is needed; what is the three part test?

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Which question is asked when trying to establish if the defendant has breached their duty?

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A doctor would be held to which standard?

• A reasonable person with normal levels of care and skill

• A trainee doctor

• A fully qualified doctor

Do you think it is fair that the standard is varied for children and professionals? Explain your answer

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List the four risk factors used to help determine if there has been a breach of duty

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Which parts of damage MUST you discuss in every question?

• Factual causation

• Intervening acts

• Remoteness of damage

• Thin skull rule

The ' ' test is used to prove factual causation

Explain what remoteness of damage means

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