3. Name the 3 part test in Caparo using fluent English &
examples.
Foreseeability
Proximity
Fair, Just and reasonable
Duty 100 points
4. Which case does the ‘reasonable man’ test stem from?
Blythe v Birmingham Waterworks
Breach 100 points
5. What are ‘Special Damages’?
Pecuniary loss that can
Be specifically calculated
Damages 100
points
6. Which case illustrates the ‘but for’ test in negligence?
Barnett v Chelsea & Kensington
Hospital
Lucky Dip 100
points
7. Is the test for reasonable foreseeablity objective or
subjective?
Objective
Duty 200 points
8. What does Latimer v AEC illustrate? Explain how.
Cost and practicality of
avoiding risk of harm
Could not close factory
Done everything else possible
Breach 200 points
9. What is the definition of ‘General Damages’?
Non-pecuniary loss
Eg pain & suffering or
Loss of amenity
Future losses/costs
Damages 200
points
10. Case for type of injury foreseeable?
Hughes v Lord Advocate
Lucky Dip 200
points
11. Name a case illustrating proximity & explain the
application of the Law
Bourhill v Young
Hill v CC South Yorkshire
Osman v Ferguson
Mc Loughlin v O’Brian
Duty 300 points
12. Which case shows that ‘usefulness of actions’ must be
considered?
Watt v Hertfordshire CC
Breach 300 points
13. Which Act of Parliament governs structured settlements?
Damages Act 1996
Damages 300
points
14. What governs case management by judges?
Civil Procedure Rules
Lucky Dip 300
points
15. Name a case that illustrates the FJR policy where courts
would not allow a claim – why?
Hedley Byrne v Heller
Alcock v CC South Yorks
Mulcahy v MOD
Griffiths v Lindsay
Bradford-Smart v W Sussex CC
Duty 400 points
16. Which 2 categories of person fall outside of the
reasonable man test? Name a case for each.
Professionals
Bolam v Friern Hospital
Children
Mullin v Richards
Breach 400 points
17. Explain the term ‘nominal damages’ with a case
Very small award reflecting
The claimant’s corrupt
Behaviour
Grobbelaar v News Group
Damages 400
points
18. Give at least three items dealt with under the Pre-action
Protocols
Exchange of info’
Details of how claim arises
Details of alleged fault
Details of injury or loss
Agreement on expert evidence
Lucky Dip 400
points
20. Name the factors that the court will take into
consideration to determine Res Ipsa Loquitur
1. Absence of explanation
2. Harm is such that it does not
ordinarily happen if
Proper care is taken
3. What caused the accident was
In the control of the D
Breach 500 points
21. What are provisional damages?
C awarded lump sum whilst
Waiting for case to
Come to full trial
Interim payment
Damages 500
points
22. Write a four line poem explaining the case of Bolton v
Stone
Lucky Dip 500
points
