Results are out! Find what you need...fast. Get quick advice or join the chat
x

Unlock these great extras with your FREE membership

  • One-on-one advice about results day and Clearing
  • Free access to our personal statement wizard
  • Customise TSR to suit how you want to use it

Tort Law

Announcements Posted on
Rate your uni — help us build a league table based on real student views 19-08-2015
  1. Offline

    ReputationRep:
    In [I]Carparo Ind plc[I]v.[I]Dickman and Others (1990)[I] Lord brige of Harwich said:

    'It is never sufficient to ask simply whther A owes B a duty of care. It is always necessary to determine the scope of the duty by reference to the kind of damage from which A must take care to save B harmless'

    Identify the scope of the duty established in tort for contractors to thier employers in relation to negligently constructed building.

    I have to use construction and non construction cases for this in essay style, should I undertake the basic's, i.e. state legal principals, definitions, main body, and then sum up the contractors duty to employers at the end?

    Advice welcomed.
  2. Offline

    ReputationRep:
    FINDING DUTY OF CARE

    You are asked to explain the decisions in Caparo v Dickman, despite satisfying the general principles established by Donaghue(Identify the scope of the duty established in tort), the court has to consider on the facts whether it would be fair, just and reasonable to impose a duty of care ( in relation to negligently constructed building)
  3. Offline

    ReputationRep:
    http://www.thestudentroom.co.uk/show....php?t=1949171
  4. Offline

    ReputationRep:
    (Original post by ktwolves)
    FINDING DUTY OF CARE

    You are asked to explain the decisions in Caparo v Dickman, despite satisfying the general principles established by Donaghue(Identify the scope of the duty established in tort), the court has to consider on the facts whether it would be fair, just and reasonable to impose a duty of care ( in relation to negligently constructed building)
    This isn't actually what the question quoted asks. The question asks specifically about the scope of the duties contractors owe to their employers. The question does not ask for a general excursus on Caparo v Dickman, let alone a discussion of Donohue v Stevenson.
  5. Offline

    ReputationRep:
    This is the issue:
    'It is never sufficient to ask simply whther A owes B a duty of care.

    not

    specifically about the scope of the duties contractors owe to their employers

    Limit of your essay " reference to the kind of damage from which A (contractors) must take care to save B (employer)harmless'

    to decide if a duty should be imposed (my words)
  6. Offline

    ReputationRep:
    (Original post by ktwolves)
    This is the issue:
    'It is never sufficient to ask simply whther A owes B a duty of care.

    not

    specifically about the scope of the duties contractors owe to their employers

    Limit of your essay " reference to the kind of damage from which A (contractors) must take care to save B (employer)harmless'

    to decide if a duty should be imposed (my words)
    I'm sorry, but the random spacing and indiscriminate use of bold renders this post incoherent. The question isn't particularly well-written, but your posts don't make any sense.
  7. Offline

    ReputationRep:
    My life, just what I thought. ASK A QUESTION GET AN ARGUMENT!?

    The question is asking what duty is owed and when, it is purely applicable to the question, that being contractor/employers. The 3 fold test in Carparo v. Dickman is the very basis.

    I know the answer, I was simply testing the waters, been some time since i was on this board, unfortunately same old guff.

    Much much later.
  8. Offline

    ReputationRep:
    (Original post by luap)
    My life, just what I thought. ASK A QUESTION GET AN ARGUMENT!?

    The question is asking what duty is owed and when, it is purely applicable to the question, that being contractor/employers. The 3 fold test in Carparo v. Dickman is the very basis.

    I know the answer, I was simply testing the waters, been some time since i was on this board, unfortunately same old guff.

    Much much later.
    As you wish, it is always necessary to analyse the question and answer the question asked and not the question you wish to answer. IMHO, the quote must be taken seriously. - 'It is never sufficient to ask simply whther A owes B a duty of care." .

    A duty arises out of contract is a given before Caparo but.
    You are asked to "Identify the scope of the duty with reference to the kind of damages caused " in relation to negligently constructed building. Negligence is presumed in this question, but whether a duty ought to be imposed as a policy matter to be debated in relation to the type of damages caused or building defects in particular.

    OUT OF HERE.
    BYE.

Reply

Submit reply

Register

Thanks for posting! You just need to create an account in order to submit the post
  1. this can't be left blank
    that username has been taken, please choose another Forgotten your password?
  2. this can't be left blank
    this email is already registered. Forgotten your password?
  3. this can't be left blank

    6 characters or longer with both numbers and letters is safer

  4. this can't be left empty
    your full birthday is required
  1. By joining you agree to our Ts and Cs, privacy policy and site rules

  2. Slide to join now Processing…

Updated: March 18, 2012
TSR Support Team

We have a brilliant team of more than 60 Support Team members looking after discussions on The Student Room, helping to make it a fun, safe and useful place to hang out.

New on TSR

Rate your uni

Help build a new league table

Poll
How do you read?
Quick reply
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.