cover letter for monster job
Tort
Principles of Tort and Negligence
Tort = civil wrong.
Negligence, nuisance, trespass and defamation are all torts.
The person who commits the tort is known as the tortfeasor.
Fault liability v strict liability
All torts exist outside of contract.
Compensation culture is a myth but people believe it is true and are therefore more risk averse
No win no fee are also called conditional and contingency fees
Damages based agreements regulations 2010 caps solicitors fees for contingency cases at 35%.
Time limits
Limitation Act 1980 - claim must be made 6 years of the breach of duty (s2) or within 3 years of the date an injury became known
Negligence
Claimant must prove the following-
A duty of care was owed to the claimant by the defendant.
The duty was breached by the defendant
Damage occurred to the claimant as a result of this breach.
How do we establish if there is a duty of care?
Must prove:
Proximity - emotion or physical
Foreseeability - must able to foresee how the act or omission can affect the claimant
That it is fair, just and reasonable to impose the duty (Caparo v Dickman 1990)
Donoghue v Stevenson (1937) - Neighbour Principle. Prior to this negligence could only be claimed if there was a contractual link or a link like a contract. Therefore the judge extended the law of negligence and created the new our principle.
Barnett v packer (1940) - shop assistant who was putting out chocolate and got injured by a piece of metal.
Stennett v Hancock (1939) - wheel fitted wrongly, lorry hit a pedestrian.
There are primary victims of an act
Alcock v chief constable of South Yorkshire [1991]
Secondary victims claiming for nervous shock. There must be close proximity between the claimant and the person suffering the harm. Must be present at the scene of the accident of in the immediate aftermath.
Bourhill v Young 1943 defendant died in a crash. Claimant was on a tram arrived later. She suffers
Principles of Tort and Negligence
Tort = civil wrong.
Negligence, nuisance, trespass and defamation are all torts.
The person who commits the tort is known as the tortfeasor.
Fault liability v strict liability
All torts exist outside of contract.
Compensation culture is a myth but people believe it is true and are therefore more risk averse
No win no fee are also called conditional and contingency fees
Damages based agreements regulations 2010 caps solicitors fees for contingency cases at 35%.
Time limits
Limitation Act 1980 - claim must be made 6 years of the breach of duty (s2) or within 3 years of the date an injury became known
Negligence
Claimant must prove the following-
A duty of care was owed to the claimant by the defendant.
The duty was breached by the defendant
Damage occurred to the claimant as a result of this breach.
How do we establish if there is a duty of care?
Must prove:
Proximity - emotion or physical
Foreseeability - must able to foresee how the act or omission can affect the claimant
That it is fair, just and reasonable to impose the duty (Caparo v Dickman 1990)
Donoghue v Stevenson (1937) - Neighbour Principle. Prior to this negligence could only be claimed if there was a contractual link or a link like a contract. Therefore the judge extended the law of negligence and created the new our principle.
Barnett v packer (1940) - shop assistant who was putting out chocolate and got injured by a piece of metal.
Stennett v Hancock (1939) - wheel fitted wrongly, lorry hit a pedestrian.
There are primary victims of an act
Alcock v chief constable of South Yorkshire [1991]
Secondary victims claiming for nervous shock. There must be close proximity between the claimant and the person suffering the harm. Must be present at the scene of the accident of in the immediate aftermath.
Bourhill v Young 1943 defendant died in a crash. Claimant was on a tram arrived later. She suffers