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4
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Lilian
27/01/2023
Law
File Note Ahmeds Case
The law of negligence and duty of care in novel cases, focusing on the Caparo test and reasonable person standard. Key concepts include establishing duty of care, breach, and causation in negligence claims.
27/01/2023
95
In novel duty of care negligence cases, where no pre-existing duty relationship exists, courts apply the Caparo Industries v Dickman test. This three-part test determines whether a duty of care should be imposed:
Example: In Ahmed's case against Bilal, all three elements of the Caparo test are satisfied:
- It was reasonably foreseeable that injury could occur from carelessly opening a car door
- Both parties were in close proximity as road users
- Imposing a duty is fair and doesn't risk opening floodgates of litigation
Vocabulary: Novel duty of care refers to situations where the relationship between parties has not previously been recognized as giving rise to a legal duty.
The document emphasizes that for established duty of care relationships like parent-child or doctor-patient, a duty is automatically owed. In truly novel circumstances, judges may reason by analogy or apply the Caparo test.
Quote: "If it is not an pre-existing duty it was suggested in Robinson v CC of WY that judges should reason by analogy."
Once a duty of care is established, the next step is determining if that duty was breached. This involves applying the reasonable person test in tort law.
Key points on breach of duty:
Example: Bilal likely breached his duty of care by failing to check his mirrors or look over his shoulder before opening his car door, as a reasonable driver would have taken these precautions.
Definition: The reasonable person test is a legal standard used to determine if a person's actions were negligent by comparing them to what a hypothetical reasonable person would have done in the same situation.
The document notes that higher risks may increase the expected standard of care, as seen in Miller v Jackson. Additionally, defendants are only expected to take practical precautions, as illustrated in Latimer v AEV.
Highlight: The standard of care expected can vary based on the specific circumstances and level of risk involved in a situation.
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The law of negligence and duty of care in novel cases, focusing on the Caparo test and reasonable person standard. Key concepts include establishing duty of care, breach, and causation in negligence claims.
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In novel duty of care negligence cases, where no pre-existing duty relationship exists, courts apply the Caparo Industries v Dickman test. This three-part test determines whether a duty of care should be imposed:
Example: In Ahmed's case against Bilal, all three elements of the Caparo test are satisfied:
- It was reasonably foreseeable that injury could occur from carelessly opening a car door
- Both parties were in close proximity as road users
- Imposing a duty is fair and doesn't risk opening floodgates of litigation
Vocabulary: Novel duty of care refers to situations where the relationship between parties has not previously been recognized as giving rise to a legal duty.
The document emphasizes that for established duty of care relationships like parent-child or doctor-patient, a duty is automatically owed. In truly novel circumstances, judges may reason by analogy or apply the Caparo test.
Quote: "If it is not an pre-existing duty it was suggested in Robinson v CC of WY that judges should reason by analogy."
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Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Once a duty of care is established, the next step is determining if that duty was breached. This involves applying the reasonable person test in tort law.
Key points on breach of duty:
Example: Bilal likely breached his duty of care by failing to check his mirrors or look over his shoulder before opening his car door, as a reasonable driver would have taken these precautions.
Definition: The reasonable person test is a legal standard used to determine if a person's actions were negligent by comparing them to what a hypothetical reasonable person would have done in the same situation.
The document notes that higher risks may increase the expected standard of care, as seen in Miller v Jackson. Additionally, defendants are only expected to take practical precautions, as illustrated in Latimer v AEV.
Highlight: The standard of care expected can vary based on the specific circumstances and level of risk involved in a situation.
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This document examines a novel negligence case involving Ahmed and Bilal, highlighting key legal principles in establishing duty of care, breach, and causation.
Highlight: Novel cases in tort law require careful application of established legal tests to determine liability.
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This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
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The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
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In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
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very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
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I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
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THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
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This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
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The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
