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
Tort: Rules and Theory
Duty of Care, Breach and Causation
- 5 things to know
- Paper 2
Overview
Recall questions on the neighbour principle and the Caparo test, the objective standard of care and the factors that decide breach, the but for test and remoteness, pure economic loss, and primary and secondary victims.
What you need to know
Answer each one before you reveal it.
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Key term
How does the likelihood of harm affect the standard of care expected?
Key term
What does legal causation (remoteness of damage) require for the defendant to be liable?
Key term
What is the objective standard of care in negligence?
Process
What are the three limbs of the Caparo test?
Questions from this subtopic
Each one with the model answer underneath.
- 1
According to the neighbour principle from Donoghue v Stevenson, to whom does a person owe a duty of care?
Model answer
To those who are so closely and directly affected by their actions that they ought reasonably to have them in contemplation.
- 2
What is the first requirement of the Caparo test for establishing a duty of care?
Model answer
That harm to the claimant was foreseeable.
- 3
What does the proximity requirement in the Caparo test demand?
Model answer
That there is sufficient closeness in the relationship between the claimant and defendant.
- 4
What is the third limb of the Caparo test for duty of care?
Model answer
That it must be fair, just and reasonable to impose a duty.
- 5
How do public policy factors affect the imposition of a duty of care?
Model answer
They influence whether courts will impose a duty, particularly in novel situations and in claims for pure economic loss or psychiatric injury.
- 6
How is breach of duty assessed in negligence?
Model answer
Using an objective standard, measuring the defendant's conduct against what a reasonable person would have done in the same circumstances.
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