navjot_
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Tort of negligence
Last edited by navjot_; 1 year ago
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username3689312
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I very much assume you have been taught everything to answer this question.

You need to share your thoughts on this before anyone is going to attempt to help you.

I'll be kind and you need to focus on specifically primary and secondary victims in relation to claims for psychiatric harm. However, there is a little more than that to the question.
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navjot_
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(Original post by james_law)
I very much assume you have been taught everything to answer this question.

You need to share your thoughts on this before anyone is going to attempt to help you.

I'll be kind and you need to focus on specifically primary and secondary victims in relation to claims for psychiatric harm. However, there is a little more than that to the question.
Yes i am aware that i have to apply the Caparo v Dickman test to establish whether a duty of care was owed but i am finding it difficult to structure it. I am also aware that i need to work out whether there was a breach in the duty of care and then apply the tests for Psychiatric damage.
I am aware of the content i am just having difficulty in structuring and applying the various tests in terms of this scenario
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username3689312
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(Original post by navjot_)
Yes i am aware that i have to apply the Caparo v Dickman test to establish whether a duty of care was owed but i am finding it difficult to structure it. I am also aware that i need to work out whether there was a breach in the duty of care and then apply the tests for Psychiatric damage.
I am aware of the content i am just having difficulty in structuring and applying the various tests in terms of this scenario
Firstly, you dont have to apply Caparo. Caparo is applied only novel situations.

You need to set out the law first, then apply it to scenario, then conclude.
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navjot_
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(Original post by james_law)
Firstly, you dont have to apply Caparo. Caparo is applied only novel situations.

You need to set out the law first, then apply it to scenario, then conclude.
we have been told to apply Caparo first and then to identify if there has been a breach in the duty of care.
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username3689312
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(Original post by navjot_)
we have been told to apply Caparo first and then to identify if there has been a breach in the duty of care.
Apply caparo test if you have been told to do so but, owing a duty of care to other road users is a recognised category and based on that I don't really know why your teacher would tell you to apply it. You'll waste a couple hundred words or more for something that could be explained in a few sentences.
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