Barnett v Chelsea & Kensington HMC: What is “but for test”?
Areas of applicable law: Tort law – Breach of duty – Causation – The “but for test” The term “but for test” is commonly used in the context of causation… Read more »
Tag: duty of care
Bolitho v City of Hackney Health Authority 1998: Professional negligence
Areas of applicable law: Tort law – Duty of care – professional negligence Main arguments in this case: A medical professional can be held negligent even if the standard of… Read more »
Bolam v Friern Hospital Management Committee: Medical negligence
Areas of applicable law: Tort law – Duty of care – Medical negligence: Main arguments in this case: The Bolam test is a key case in tort law which states… Read more »
Tort of negligence: Breach of duty.
See also: Tort of negligence: what is duty of care? Breach is the second element that needs to be proven for a claim in negligence. A breach or a breach… Read more »
Goodwill v British Pregnancy Advisory Service 1996
Areas of applicable law: Tort law – Duty of care – Negligence. Main arguments in this case: A duty of care cannot exist if there is no proximity and foreseeabilty…. Read more »
Tort of negligence: what is duty of care?
Negligence in tort is made up of three elements and to prove that someone was negligent, the three elements need to be established. The three elements include; 1. Duty of… Read more »
Pitts v Hunt (1991): defence of illegality
Areas of applicable law: Tort law – Duty of care – Defence of illegality. Main arguments in this case: A claimant cannot claim damages for an act which arose due… Read more »
Revill v Newbery (1996): defence of illegality
Areas of applicable law: Tort law – Duty of care – defence of illegality Main arguments in this case: An occupier owes a duty of care to even trespassers The… Read more »
Caparo Industries plc v Dickman (1990): the issue of proximity and policy.
Areas of applicable law: Tort law – duty of care – negligence Main arguments in this case: Even though harm or damage may have been caused, proximity and policy reasons… Read more »
Home Office v Dorset Yacht Co (1970)
The case of Home Office v Dorset Yacht Co (1970) concerns the decision on whether a person or a body can be liable for a third party’s action if that… Read more »