Course Notes: Tort Law by Brendan Greene

By Brendan Greene

Course Notes is designed that can assist you achieve your legislation examinations and checks. every one consultant helps revision of an undergraduate and conversion GDL/CPE legislations measure module by way of demonstrating solid perform in developing and protecting perfect notes. Course Notes will aid you in actively and successfully studying the fabric via guiding you thru the calls for of compiling the knowledge you need.

• Written through professional teachers who comprehend your wishes with exam requisites in mind

• Covers key circumstances, laws and rules truly and concisely so that you can keep in mind info confidently

• Contains easy to use diagrams, definition bins and work issues  to assist you comprehend tricky concepts

• offers self test opportunities all through that you can payment your understanding

• Illustrates find out how to assemble the suitable set of revision notes

• Covers the fundamental modules of research for undergraduate llb and conversion-to-law GDL/CPE classes

• extra on-line revision counsel corresponding to pattern essay plans, interactive quizzes and a word list of felony phrases at www.unlockingthelaw.co.uk

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Explain what he said about balancing the risk. To what extent do you agree with Denning LJ about fire engines etc. stopping at red lights? • The Compensation Act 2006 s1 provides that a court, in considering whether the defendant should have taken certain steps to meet a standard of care, may take into account whether a requirement to take those steps might prevent a desirable activity or discourage people from doing things in connection with a desirable activity. Checkpoint – breach of duty Task Done I can explain the standard of the reasonable person I can name and define the standard applied to someone with a skill I can explain the effect of a disability of the claimant or defendant on the standard I can state four important factors the courts use to determine the standard of care Research Point Look up the following article: Morgan, J.

A third party stole the minibus and knocked down and killed the claimant’s wife. The Court of Appeal held that leaving the minibus in this condition did not create a special danger and the defendant was not liable for the act of the third party. • It seems that there is a fine line between these two cases: the unattended horse is dangerous but the minibus with the keys in it is not. 3 Rescuers • A person is not liable in negligence for an omission. Consequently, there is no legal duty to rescue someone in danger.

Case: Orchard v Lee [2009] A 13-year-old schoolboy was playing tag in the playground at lunch time and ran into a supervisor and injured her. The Court of Appeal said that the boy was playing the game in the normal way and not breaking any rules. For a child to be negligent they had to act with a ‘very high degree’ of carelessness. The boy was not negligent. 3 Disabilities • If a claimant has a disability and the defendant knows or should know this, then the defendant owes them a higher standard of care.

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