OCR A-Level Law the law of tort (Component 2, Section B) overview quiz quiz

Caparo v Dickman

Robinson v Chief Constable of West Yorkshire

Barnett v Chelsea Hospital

Donoghue v Stevenson

Only for novel duty situations

In every negligence case, even where the duty is well established

Only in occupiers liability and product liability claims

Never, because the test was overruled completely by Robinson

The Nettleship test

The Bolam test

The Caparo test

The Wagon Mound test

Existence of a duty of care

Breach of the standard of care

Factual causation

Remoteness of damage

No duty at all to lawful visitors, since they are taken to enter entirely at their own risk

A duty owed only to those lawful visitors who have paid an entry fee for their admission

A strict liability duty to guarantee that the visitor suffers no harm of any kind whatsoever

The common duty of care to keep them reasonably safe for the purpose of the visit

Strict liability

Fault-based liability

Vicarious liability

No liability

The claimant is abnormally sensitive

The defendant acted with malice

The interference is a single brief event

The activity has high social utility

Personal fault on the part of the employer and resulting damage suffered by the claimant

A duty of care owed personally by the employer and a clear breach of that duty by them

An employment (or akin) relationship and a tort in the course of employment

An escape of a dangerous thing from the land and a non-natural use of that same land

It defeats the claim entirely and is a complete bar to recovery

It increases the damages awarded to punish the careless claimant

It transfers all liability for the harm to the claimant instead

It reduces damages by a just and equitable percentage

Special damages are quantifiable pre-trial losses; general damages cover pain, suffering and future loss

Special damages are punitive and meant to punish the defendant, whereas general damages are purely compensatory

Special damages are available only in nuisance claims, never in ordinary negligence actions for personal injury

There is no real difference; the two terms are simply interchangeable labels for the very same award