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olSxazxNATkMvjCEysGi

Explore key principles of negligence law, including duty of care, foreseeability, causation, and types of damages. This comprehensive mindmap covers essential concepts such as the 'reasonable person' standard, breach of duty, and the implications of contributory negligence. Ideal for law students preparing for exams or seeking a clear understanding of tort law.

Negligence Principles Overview

Mind map

Louise

United Kingdom

Study note

English (US)

negligence mindmap

DEFAULT (England)

DEFAULT

Social Studies

Negligence Mindmap

Reasonable Forseeability: The reasonable
person could foresee the type of damage
occurred
Type of Damage caused: As long as the type
of damage is foreseeable, the actual form of
the damage can be extreme
Thin Skull Rule: The idea that everyone &
everything is different in a case & in terms of
reasonably foreseeable damage, the principle
extends to pre-exisiting conditions
Unknown to Science: Damage is not
reasonably forseeable if the accidents
occurred as a result of a totally unknown
type of event
Res Ipsa Loquitur: It is presumed that the
incident was the result of a negligent act so
the defendant has to show they weren't
negligent
Professionals: A professionals conduct is the
same as another professional with same
expertise
Children: A child's standard of care is
compared to another reasonable child of the
same age
Special characteristics of the claimant: When
the reasonable person knows someone in
their care is at risk than any other person &
the reasonable person takes more care
Risk of Harm: The general principle is that the
greater the risk the more care must be taken
if there is not to be a breach of duty and if
risk is minimal, reasonable person does not
need to take precautions
Learners: Learners have same standard of
care as any reasonable competent person who is affected by 'Reasonable Person:
with same skill
Social Utility: An emergency situation where
normal precautions are minimised for the
greater good
Factual Causation Demonstrated through
but for test which is to determine whether
but for the defendants acts would have
occurred - Yes not liable - No liable.
Taking Precautions: Reaosnable person does
everything in their power to prevent damage
but don't take all possible precaustions if
excessive in relation to the risk
Remoteness of Damge: Damge that is not
reasonably foreseeable is consider to be too
remote" & tests to establish what losses the
defendant is responsible for
Burden of Proof: The court must be satisfied
that the event in question is more likely to
-have occurred than not but the burden of
proof shifts to the defendant if the principle
of Res Ipsa Loquitur applies
Reasonable Person: Described as one who
takes a degree of care sensibly when risk
involved
Factors that affect the standard of care: -
Damage
Breach of Duty
Negligence
Duty of Care
Damages
Presented with xmind
Robinson: In cases where they question
whether DofC has not previously been
decided & if not court considers closest
analogy
Foreseeability: Could a reasonable person
see some damage/injury foreseeable in
claimants position?
Proximity: Is there a sufficiently close
relationship between the claimant &
defendant?
Fairness: Is it fair, just, reasonable to impose
DofC?
Where there is already a ground of liability (duty):
- Where it's a novel case:
-Types of Damages:
Use incremental approach & established
principles
Court considers closest analogy with existing
law to avoided innapporaite distinction
-The aim of awarding damages in negligence
Damages are for the value of the goods
destroyedd or repair to the condition before
the incident
They will weigh up the reasons for & against
to impose liability (reasoning by analogy)
Apply any relevant existing precedent, statutory
provision or duty situation (binding precedent)
Special Damages: Losses calculated at time
of trial
General Damges: Forms of financial
compensation through 2 types
Pain & Suffering: The amount varies with
each individual but will take into account.
medical reports and the test is subjective (
based on personal feelings opinions) & the
court assess claimants past & future position
as of trial date
Loss of Amentiy: Reduction in the ability to
perform everyday task
Loss of Earnings: If an injury lead to not
working anymore so court has to calculate
loss based on evidence if they have worked
previously or not at all
Mitigation of Loss: Claimants are required to
take reasonable action to keep their loses to
a minimum & defangs cannot be forced to
pay for avoidable losses
Damages for the effects of injury
Damages for future financial loss
Future Medical Expenses: Impact of injury
requires claimant professional nursing care &
-medical treatments - all court can do is
estimate the cost of this & include in the
award
Contributory Negligence: If a claimant has
contributed to the losses then a proportion of
the damages will be lost
Payment of Damages: Damges are paid either
in a lump sum or through a structured
settlement
Pecuniary losses are financial losses like
wages
Lump Sum: One time payment to claimant
from defendant
Structured Settlement: Used in accident or
-medical negligence claims as alternative to
lump sums in 3 parts:
1) A lump sum payment to cover costs &
- expenses met by claimant before settlement
of case (special damages)
2) A series of regular monthly payments paid
through an annuity a part of general damages
3) A further lump sum to cover contingencies
- that may not be met by general damages
annuity payments

Negligence Mindmap

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Negligence Mindmap

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Can't find what you're looking for? Explore other subjects.

Knowunity is the # 1 ranked education app in five European countries

Knowunity was a featured story by Apple and has consistently topped the app store charts within the education category in Germany, Italy, Poland, Switzerland and United Kingdom. Join Knowunity today and help millions of students around the world.

4.9+

21 M

#1

950 K+

Still not sure? Look at what your fellow peers are saying...

I love this app so much [...] I recommend Knowunity to everyone!!! I went from a C to an A with it :D

The application is very simple and well designed. So far I have found what I was looking for :D

Love this App ❤️, I use it basically all the time whenever I'm studying