Explain to the reader the legal issue, case, or event of (Donovan vs Stevenson) and convey your analysis.
– Aim to explain to the reader the legal issue, case, or event of (Donovan vs Stevenson) and convey your analysis.
– Write about why, for example, this issue, case, or event is interesting, important, and/or controversial and why your audience/reader would, or should, want or need to know about it.
– As part of this task, you will also need to think about and choose, who your audience/reader would be and write your blog post with them in mind. You should state who your intended audience/reader is at the start of your assessment.
– The Law blog should be 1500 words. This is a discovery module and majoring in business so I need basic knowledge of the legal framework around this case and I need simple law terminologies I don’t want something very advanced.
– I don’t need footnotes & please send me the links to the citations and I will do the citation.
– I will be providing you with the lecture slide that is relevant to tort law so you can get an understanding of what I should know about this subject
Requirements:
Examples of different types of torts law in action
Examples of the tort of negligence in action
/ÎThe Defendant owed the Claimant a duty of care; /ÎThe Defendant breached that duty; /ÎThe DefendantÕs breach of duty caused the Claimant to suffer loss or injury; and /ÎThe Defendant is unable to raise any defences that would reduce their liability to the Claimant Criteria needed to establish a successful claim in negligence
/ÎIs there previous case law precedent that establishes that the Defendant should owe a duty of care to the Claimant in these circumstances?
/ÎIf not, the courts consider whether:
/ÎThe Defendant should have reasonably foreseen that there was a risk of harm to the Claimant
/ÎThere is a sufficient proximity of relationship between the Claimant and the Defendant
/ÎIt would be fair, just, and reasonable for the Defendant to owe the Claimant a duty of careWhatÕs meant by a Ôduty of careÕ?
/ÎMichael v Chief Constable of South Wales [2015] /ÎDarnley v Croydon [2018] Establishing a duty of care Ð case law examples
/ÎNeed to ask 2 questions: /ÎWhat is the standard of care threshold that the Defendant was required to meet? /ÎAn objective question Ð what would a reasonable person have done? /ÎDid the Defendant meet that standard of care? /ÎA subjective question Ð what did the Defendant actually do, and was it good enough? WhatÕs meant by Ôbreach of dutyÕ?
Establishing a breach of duty Ð case law examples¥Nettleship v Weston [1971] ¥Wilsher v Essex HA (1988) ¥Orchard v Lee [2009]
1.Was there a direction connection between what the Defendant did and the harm that the Claimant suffered? (Factual causation) 2.Whether the Defendant should have foreseen the consequences of what they did, and whether they should be liable for all of the loss or damage that has been suffered by the Claimant (Legal causation)Causation
Establishing causation Ð case law examples¥Factual causation: ¥Barnett v Chelsea and Kensington Hospital [1969] ¥Legal causation: ¥Overseas Tankship v Morts Dock and Engineering (The Wagon Mound) No 1 [1961] ¥Knightley v Johns [1982]
/ÎSmith v Leech Brain (1962) /ÎRobinson v Post Office [1974] Causation and the thin skull rule
Volenti non fit injuria?Contributory negligence?If the Claimant can prove duty, breach, and causation, can the Defendant establish any defences to remove/reduce their liability?Exclusion/limitationIllegality
/ÎItÕs an absolute defence /ÎVolenti non fit injuria = the Claimant has voluntarily assumed the risk of the injury/harm/loss that they have suffered. /ÎCase law example: /ÎMorris v Murray [1991] The defence of volenti
/ÎPartial defence only /ÎDid the Claimant fail to take reasonable care for their own safety? /ÎDid that failure contribute towards the loss or harm that was suffered? /ÎBy what extent should the claimantÕs damages be reduced? /ÎLaw Reform (Contributory Negligence) Act 1945 The defence of contributory negligence
/ÎFroom v Butcher [1976] /ÎLed to the development of the Froom guidelines (where claimant not wearing seat belt or crash helmet (as applicable)): The defence of contributory negligenceLevel of injuryReductionPrevented completely25%Less severe15%No difference0%
/ÎBy way of a contract between the parties /ÎBy the Defendant giving prior notice to the Claimant /ÎBUT subject to terms of: /ÎUnfair Contract Terms Act 1977 /ÎConsumer Rights Act 2015 The defence of exclusion or limitation of liabilityHow?
/ÎAlso known as ex turpi causa nonoritur action = no action arises from a wrongful cause /ÎDefendant must prove that the Claimant was acting illegally at time they suffered their injuries and ClaimantÕs illegal acts related to the injuries they suffered /ÎNB Policy law considerations: Gray v Thames Trains [2009] The defence of illegality
/ÎOccupiersÕ liability /ÎOccupiers Liability Act1957 (lawful visitors) /ÎOccupiers Liability Act 1984 (trespassers) /ÎProduct liability /ÎPart I Consumer Protection Act 1987 /ÎEmployersÕ liability /ÎCompetent workforce /ÎAdequate material and equipment /ÎProper system of working /ÎSafe workplaceSpecial liability regimes
Today◦What is a tort? ◦Examples of different types of tort ◦Aims of tort law ◦Similarities and differences between tort law, criminal law, and contract law ◦Tort lawÕs role in balancing competing rights and interests ◦Procedural issues
What is a tort?A civil wrong for which the law provides a remedy (Smith, 2021, p1)
Examples of tort law in action
Examples of tort law in action contÉd
Example types of interests protected by tort law◦Personal and proprietary interests ◦Reputation ◦Interests in intellectual property ◦Interests in economic relations, business and trade (Witting, 2018)
◦Compensate the victim◦Deterrence (put others off committing torts)◦Corrective justice ◦(Make the wrongdoer pay)◦Vindication ◦(Find out what really happened)Aims of tort law
Parties to a tort law claimClaimant must have legal capacity. Need to consider: ◦Children ◦Those of unsound mind ◦Women (historically) ◦Corporations ◦Business partnerships
Contract lawTort law
Example
Example
Tort law◦A Claimant sues a Defendant for breaching (breaking) the terms of a contractual promise that the Defendant has voluntarily made ◦There is a prior relationship between the parties ◦Purpose: to enforce the promise ◦To put the Claimant into the same position as if the Defendant had fulfilled their promise Contract law◦A Claimant sues a Defendant for breaching (breaking) a duty/obligation imposed on them by law ◦There need not be any prior relationship between the parties ◦ Purpose: to compensate the victim (Claimant) ◦To put the Claimant into the same position as if the Defendant had not committed the tort
Tort lawCriminal law
Example
Tort law◦Defendant prosecuted by State for committing offence ◦Cases brought on behalf of Crown/State ◦Criminal conviction requires proof beyond reasonable doubt that Defendant committed the offence Ð a high standard ◦Defendant may be found guilty ◦Main purpose: punish DefendantCriminal law◦Defendant sued by Claimant for committing a tort ◦Cases brought by individuals ◦Tort law claim only requires proof on a balance of probabilities Ð that it is more likely than not that the Claimant is telling the truth Ð a lower standard ◦Defendant may be found liable ◦Main purpose: compensate victim (Claimant)
Requirement of fault ◦Most torts require the claimant to prove that the defendant is at fault ◦Some donÕt Ð called strict liability claims ◦Example Ð Consumer Protection Act 1987 ◦Where criteria satisfied, defendant liable even though not intended to, or negligently, caused any harm ◦Defences may be available
Why might victims not bring tort law claims?◦ May be no one at fault who can be sued ◦ VictimÕs lack of awareness that they may be able to bring a claim ◦Financial cost involved ◦Victim may be concerned about consequences of suing particular individuals ◦Psychological reasons – victims may prefer to Ômove onÕ ◦Victims only suffered insignificant injuries ◦Issues with establishing a legal case against the defendant ◦Issues with financing a claim ◦Preference for alternative compensation provision ◦Delay ◦Uncertainty Brennan, 2022
Alternative dispute resolutionBecause: ◦Court system can be slow and expensive ◦Fewer opportunities available to claim support with legal expenses through provision of legal aid ◦Uncertain outcomes at court ◦Alternative methods have developed to resolve disputes, including: ◦Arbitration ◦Adjudication ◦Conciliation ◦Mediation
Potential alternative methods for claiming compensation than bringing a court claim◦Occupational sick pay schemes ◦State benefits ◦Insurance ◦Criminal Injuries Compensation Scheme ◦Compensation order for victims of crime ◦NHS complaints system ◦Special funds ◦Charity
A compensation culture?◦ÔThe desire of individuals to sue somebody, having suffered as a result of something which could have been avoided if the sued body had done their job properlyÕ (Lord Dyson, 2013, Judiciary.uk) ◦Dugan, E. (2013) ÔCompensation culture is a mythÕ: Claims for work-related injuries and diseases fall 60 per cent in a decade. The Independent, 31 July. ◦Collinson, P. (2019) £50,000 for being hit by a rugby ball: when compensation culture goes mad. The Guardian, 24 August ◦Furedi, F. (2004) ÔBonkers Conkers RulingÕ (The Times, 5 October) ◦UK Gov Compensation Recovery Unit Stats between 2011-2012 and 2021-2022: ◦Clinical negligence claims: 13,517 to 15,549 = 15% increase ◦Motor claims: 828,498 to 387,687 = 47% decrease
Compensation Act 2006◦2005 Ð Constitutional Affairs Committee ◦Compensation Act 2006 ◦Relates to claims for negligence or breach of statutory duty ◦S.1 Ð Courts may have regard to whether requirements on defendants to take particular steps might prevent desirable activities from taking place ◦Cole v Davis-Gilbert (2007) ◦Bourne Leisure v Marsden (2009)
The Social Action, Responsibility and Heroism Act 2015◦In determining negligence and breach of statutory duty claims, judges are required to consider whether: ◦The defendant demonstrated a Ôpredominantly responsible approachÕ to the safety and interests of others; ◦The tort took place in a situation when the defendant was acting Ôfor the benefit of societyÕ; and ◦The tort occurred when the defendant was acting Ôheroically by intervening in an emergencyÕ.
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