Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Negligence
- 5 subtopics
- 17 things to know
- Paper 2
What Negligence covers
Duty, breach and damage: the neighbour principle and the Caparo test, the objective standard of care, causation and remoteness, and the special rules for economic loss and psychiatric injury.
The 5 subtopics
Each one has its own page.
- Establishing a Duty of CareRecall questions on the neighbour principle and the case that established it, and on the first limb of Caparo and where it comes from.Open →
- Breach of Duty and the Standard of CareRecall questions on the objective standard, whether inexperience counts, and how likelihood and severity of harm affect the assessment.Open →
- Causation and Remoteness of DamageRecall questions on factual and legal causation, the test used for each and what follows if the harm would have happened anyway.Open →
- Pure Economic LossRecall questions on what pure economic loss is, whether a duty is owed for it, the distinction drawn in Spartan Steel and the policy behind the rule.Open →
- Psychiatric Injury: Primary and Secondary VictimsRecall questions on what a primary victim must show, what Page v Smith established and the Alcock control mechanisms for secondary victims.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
Numbers
In which case was the Caparo test established?
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What is the 'floodgates argument' as a public policy factor in determining whether a duty of care is fair, just and reasonable?
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What standard is used to assess whether a defendant has breached their duty of care?
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How does the potential severity of injury affect the standard of care expected?
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What effect does the defendant's knowledge of the claimant's particular vulnerability have on the standard of care?
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What is factual causation and why must it be proved to establish damage in negligence?
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What is the consequence if the harm would have occurred anyway regardless of the defendant's breach?
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Must the exact manner in which harm occurs or its extent be foreseeable for the defendant to be liable?
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What is pure economic loss?
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Under what circumstances may a duty of care arise for pure economic loss caused by negligent misstatements?
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For negligent misstatement liability, what must the defendant know about the purpose of the advice?
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What must a primary victim establish to recover for psychiatric injury?
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What does the Alcock control mechanism require regarding the secondary victim's location relative to the accident?
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What policy factor relating to evidence restricts liability for psychiatric injury?
Process
Which case established the neighbour principle, and what does foreseeability ask?
Process
Does the standard of care allow for inexperience, and how do risk and precaution affect breach?
Take Negligence further
The same content, four other ways.
Commonly confused
Pairs that lose marks when they are blurred together.
Duty of care vs Breach of duty
Duty of care: a legal obligation to take reasonable care not to injure a foreseeable claimant. Breach of duty: falling below the standard of the reasonable person in the circumstances.
The Caparo test vs The neighbour principle
The Caparo test: foreseeability, proximity, and whether it is fair, just and reasonable to impose a duty. The neighbour principle: Lord Atkin's proposition that one must take care not to injure those closely affected.
Res ipsa loquitur vs But-for test
Res ipsa loquitur: the principle that the facts themselves imply negligence and shift the evidential burden. But-for test: the test asking whether the harm would have occurred without the breach.
Questions from this topic
Each one with the model answer underneath.
- 1
What does the 'neighbour' principle in negligence establish regarding to whom a duty of care is owed?
Model answer
A person owes a duty of care to those who are so closely and directly affected by their act that they ought reasonably to have them in contemplation when directing their mind to the acts or omissions in question.
- 2
In which case was the neighbour principle established?
Model answer
Donoghue v Stevenson (1932).
- 3
What is the first element of the Caparo three-part test for establishing a duty of care?
Model answer
Foreseeability of harm.
- 4
In which case was the Caparo test established?
Model answer
Caparo Industries plc v Dickman (1990).
- 5
What question does foreseeability ask in the Caparo test?
Model answer
Whether a reasonable person in the defendant's position would have foreseen that their conduct might cause harm to the claimant.
- 6
What does proximity refer to in the Caparo test?
Model answer
The closeness of the relationship between the parties, which may be physical, temporal, or relational.
What is inside Levo
Six ways to work the same material.
Negligence revision questions
- What does Negligence cover in AQA A-Level Law?
- 5 subtopics: establishing a duty of care, breach of duty and the standard of care, causation and remoteness of damage, pure economic loss and psychiatric injury: primary and secondary victims. Each one has its own page with questions and model answers.
- How is Negligence organised?
- By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in Negligence, on a schedule.
Attempt a question from memory, write the correct version, then attempt it again. Levo records the jump between your first attempt and your last, and brings each question back on the day you are due to forget it.
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