City University (CITY) • LLB Law

Lecture notes and notes from textbooks.

These are lecture notes and notes from textbooks.

These are revision notes from lecture and textbook.

1

Duty of care of public authorities

Objective Standard Relevant Factors to the standard of care: • Foreseeability of harm • Magnitude of the risk • Burden of taking precautions • Utility of the defendant’s conduct • Common practice Special Situations – Special Standard of Care: • Children • Ds acting in an emergency • Ds engaged in sport • Professional standard of care • The Bolam Test • Limits of the Bolam Principle • PROFESSIONAL STANDARD OF CARE TEST • Disclosure of the risk of treatment Provin...

Includes: Intervening act of a third party Intervening Act of the Claimant Foreseeable type of harm Eggshell Skull Rule

Includes: Contributory Negligence Consent: • Exclusion Clauses Illegality

Includes: Damages • Compensatory Damages • Restitutionary Damages • Exemplary or punitive damages • Aggravated Damages • Nominal Damages • Contemptuous Damages Damages for Personal Injury: • Non-pecuniary loss (non-financial): pain, suffering and loss • Pecuniary Loss (financial) Death & Damages: • 2 different types of claim 1. Claims from the deceased’s estate 2. Claims from those dependant on deceased Destruction to property Injunctions Self-help Remedies

Includes: Definition of ‘pure economic loss’ Policy Considerations Hedley Byrne v Heller [1964] AC When does a duty for pure economic loss arise? Hedley Byrne and the Caparo v Dickman Test ‘Special Relationship’ and ‘Assumption of responsibility’ Current Law