1-10 of 10 Results  for:

  • Keyword: causation x
  • Study & Revision x
Clear all

Chapter

Cover Concentrate Q&A Criminal Law

2. Fundamental Principles of Criminal Liability—Actus Reus and Mens Rea  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).

Chapter

Cover Criminal Law Concentrate

2. Actus reus  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the actus reus elements of criminal offence. The actus reus consists of prohibited conduct (acts or omissions), prohibited circumstances, and/or prohibited consequences (results). A person can be criminally liable for omissions at common law, but imposing this liability can be controversial. Causation is a key part of consequence/result crimes. The prosecution must prove that the result was caused by the defendant. In order to do this, the chain of causation must first be established, and then consideration must be given to any intervention which might break the chain.

Book

Cover Tort Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Having begun with a consideration of the meaning of tort and the context of the ‘tort system’, Tort Law Concentrate covers the key elements of negligence: duty of care, breach of duty, and causation. Economic loss and psychiatric injury are specifically discussed. The book also explains the intentional torts: trespass to the person and to land as well as the tort in Wilkinson v Downton are covered, as is product liability. The family of nuisance torts, with their importance for environmental control are included, as is the key issue of remedies. This new edition includes coverage of recent case law, such as Barclays Bank plc v Various Claimants (2020) and Lachaux v Independent Print (2019). This edition has been fully updated in light of developments in the law, including the continuing impact of the Human Rights Act 1998 and the Consumer Rights Act 2015.

Book

Cover Concentrate Questions and Answers Tort Law
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Concentrate Questions and Answers Tort Law aims to provide the skills for success in exams in this area of law. It starts off by looking at negligence in terms of duty of care, breach of duty and causation and remoteness of damage. It then looks at employers’ liability and vicarious liability. It also considers product and occupiers liabilities. It examines intentional torts. It looks at the case Rylands v Fletcher. General defences and damages are also considered. Finally, it provides mix topic questions and looks at coursework assessments.

Chapter

Cover Concentrate Questions and Answers Tort Law

13. Mixed-topic Questions  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter presents mixed-topic questions on tort law. In order to answer them fully, students are required to blend their knowledge of the law of tort. They will be able to assess their knowledge on: the purpose of the law of tort; negligence—duty of care, breach, causation, economic loss; remedies; and vicarious liability. Each question is accompanied by a diagram answer plan and suggested answers. Tips for getting extra marks and online resources are also provided.

Chapter

Cover Concentrate Questions and Answers Tort Law

4. Negligence III: Causation and Remoteness of Damage  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses negligence in terms of causation and remoteness of damage. To answer questions on this topic, students need to understand the following: the concept of causation in negligence; causation in fact: the standard ‘but for’ test; variations of the ‘but for’ test: unknown causes, consecutive causes, and cumulative causes; causation in law: the test for ‘remoteness of damage’; the ‘eggshell-skull’ rule; and novus actus interveniens (new intervening acts): the act of the claimant, the act of third parties, and natural events.

Chapter

Cover Tort Law Concentrate

7. Causation in fact  

This chapter discusses the law on causation in fact. This is a matter of historical fact and can be addressed initially by the ‘but-for’ test. However, the but-for test is inadequate to establish causation in a number of different situations: unknown causes, cumulative causes, and consecutive causes and those in which the test produces an illogical or unjust outcome. It is an area in which recent policy-driven decisions have revived the approach of ‘material increase in risk’, as in the asbestos case of Fairchild v Glenhaven. Allocation of liability has been addressed in the Compensation Act 2006, s 3.

Chapter

Cover Tort Law Concentrate

8. Causation  

Intervening acts and remoteness

This chapter discusses the law on intervening acts and remoteness. There are a range of situations in which the defendant’s act can be a cause of the claimant’s loss because it satisfies the ‘but-for’ test. However, this is followed by one or more events which contribute to the eventual damage in such a way that the chain of causation can be broken. This is sometimes referred to as an intervening act (or novus actus interveniens), and such acts can be divided into three categories: actions by the claimant himself, actions by a third party, and natural events. Remoteness is a simpler way of describing what is also known as causation in law, and is concerned with the extent of a defendant’s duty. The key case is The Wagon Mound (No 1) where the test of reasonable foreseeability of damage was adopted.

Chapter

Cover Medical Law Concentrate

2. Medical negligence  

This chapter deals with medical negligence and how claims can be brought in the tort of negligence via three requirements: the defendant owed the claimant a duty of care; the defendant’s performance fell below the standard expected; and that the claimant’s injury was caused by the breach of duty. The duty of care in doctor–patient relationships and in ‘good Samaritan’ situations is considered. The Bolam test is discussed, which is used to judge the standard of care expected from doctors (subject to the Bolitho principle), as well as tests to establish causation, such as the ‘but for’ test. Relevant cases are cited, where appropriate. Criminal negligence is also discussed.

Chapter

Cover Concentrate Questions and Answers Tort Law

7. Occupiers’ Liability  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the issue of occupiers’ liability. In order to answer questions on this topic, students need to understand the following: the Occupiers’ Liability Act 1957; the Occupiers’ Liability Act 1984; the ‘control test’—how ‘occupiers’ have been identified by the courts; the difference between a ‘visitor’ and a ‘non-visitor’, and the legal differences that arise; how the courts have interpreted ‘reasonable care’; the concept of ‘breach of duty’ and ‘causation’ in negligence; excluding or restricting negligence liability under s. 65 Consumer Rights Act 2015; and general defences in tort law.