When Answering a Tort Problem Question Necessary To Discuss All Elements Of Tort?

Hey guys

Quick replies will be much appreciated as my Coursework is due in pretty soon, but just wanted to know when discussing each person's issue do I have to address all elements of negligence.. Duty of Care, Breach of Duty, Causation, Remoteness..
Thanks in advance :smile:

Reply 1

Forum User

19

In general yes, but don't waste words where it is completely obvious from the facts that these are satifsfied.

For example, if Jack drives his car while high on drugs and crashes into Jill, it is clear that there is a duty of care owed by Jack to other road users, and that it has been breached. If Jill breaks her leg as a result, the damage has obviously been caused by Jack and is not too remote.

You would not apply the Caparo test or need to go over the case law related to remoteness for basic facts such as these. The Caparo test is only needed for a 'novel' duty of care.

Reply 2

Delight :)

OP

12

Original post by Forum User

In general yes, but don't waste words where it is completely obvious from the facts that these are satifsfied.

For example, if Jack drives his car while high on drugs and crashes into Jill, it is clear that there is a duty of care owed by Jack to other road users, and that it has been breached. If Jill breaks her leg as a result, the damage has obviously been caused by Jack and is not too remote.

You would not apply the Caparo test or need to go over the case law related to remoteness for basic facts such as these. The Caparo test is only needed for a 'novel' duty of care.

Thanks for your reply, it has helped alot. :smile:

Reply 3

cliffg

7

Original post by Delight :)

Hey guys

Quick replies will be much appreciated as my Coursework is due in pretty soon, but just wanted to know when discussing each person's issue do I have to address all elements of negligence.. Duty of Care, Breach of Duty, Causation, Remoteness..
Thanks in advance :smile:

For each defendant that you identify you will need to establish duty, breach, causation. Depending on the wording of the question, multiplicity of defendants and the scenario you might decide it is better to deal with the definition and scope of those terms in introductory paragraphs. But it is important that you clearly demonstrate in your work that you understand the meaning, scope and application of each in the course of action. In relation to each claimant you should be identifying the nature of the loss or damage and whether or not it is recoverable. Again, you might want to to do this in introductory paragraphs which you can simply refer back to throughout the work.

When Answering a Tort Problem Question Necessary To Discuss All Elements Of Tort?

Quick Reply

Related discussions

Latest

Trending

Trending

Articles for you