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: negligence
Wagon Mound 1: Reasonable foreseeability of damage.
Areas of applicable law: Tort law – Negligence – foreseeability Main arguments in this case: A defendant cannot be held liable for damage that was reasonably unforeseeable. The fact of… Read more »
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 »
Pure psychiatric harm: who is a primary victim?
Areas of applicable law: Tort law – Psychiatric harm – Negligence Main arguments in this case: Who is a primary victim in psychiatric harm? In terms of psychiatric harm, a… Read more »
Pure psychiatric harm: who is a secondary victim?
Areas of applicable law: Tort law – Duty of care – Negligence – psychiatric harm Main arguments in this case: Who is a secondary victim in psychiatric harm? Before we… Read more »
Swinney v Chief Constable of Northumbria Police (1999)
Areas of applicable law: Tort law – Duty of care – Negligence – Psychiatric harm. Main arguments in this case: In some circumstances it is possible that the police owe… Read more »