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WalesLegal StudiesQuick questions
The Law of Tort
Quick questions on Negligence: duty of care, breach and damage - WJEC A-Level Law
5short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is breach of duty?Show answer
The court decides breach by weighing risk factors:
What is damage?Show answer
The claimant must prove the breach caused the damage. Factual causation uses the "but for" test: but for the defendant's breach, would the harm have occurred? In Barnett v Chelsea and Kensington Hospital a doctor's failure to examine a patient did not cause the death, because the patient would have died of arsenic poisoning anyway, so the test was not satisfied. Legal causation (remoteness) limits liability to damage of a reasonably foreseeable type (The Wagon Mound); the defendant is liable even if the extent was greater than expected, provided the type was foreseeable.
What is q1?Show answer
Name the three stages of the Caparo test for a duty of care. [3 marks]
What is q2?Show answer
What is the 'but for' test and which case illustrates it? [2 marks]
What is q3?Show answer
Advise whether an injured claimant can establish a claim in negligence. [20 marks]
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