You are an amazing teacher! I find your videos much better than any law books/summary notes or guides. Also, your command on your pronunciation and pauses is great.
Thank you so much, I have tried to watch loads of different law channels as a 1st year law student but yours is the only ones that are clear cut and straight to the facts on how we should apply each area of Law. Once again Thank you.
I CANNOT THANK YOU ENOUGH!!!! That was so clear and just a pleasure to listen to! My exam is tomorrow and i was panicking on how to approach the questions. After watching this I am quite relieved now. It is as if the jumbled mess of an idea i had about the concept was carefully pieced together! Thank you so much! Bless you!
Recently, it was determined in Robinson v Chief Constable of West Yorkshire Police (2018) that the Caparo test should only be applied to entirely new situations and that the courts should apply precedent in all cases that are not novel (already considered).
It's worth noting that the second part of this video (8:54 onwards) is referring to the question of 'breach of duty'. So having established that the defendant (D) owed the claimant (C) a duty of care, you would then move onto the question of whether the D's acts/omissions had breached that duty owed to C by using the Hand Formula as described in the video. It is important to not conflate these two questions in an exam and assuming that just because D owed C a duty, that D has automatically breached it.
Legal rules and principles can be boiled down to a really simple explanation, and you do this brilliantly. I would love an update on this video in light of Michael v Chief Constable of South Wales Police [2015] and Robinson v Chief Constable of West Yorkshire Police [2018]
Hey there, the Bolam test has been expanded now to include...rationality and Bollito v Hackney? I really enjoy listening to you on my way to uni. I usually pop on one of your clips to prepare for whatever lecture I have. It is a great way to go into a lecture. Cheers Marcus.
Yeah I always find that idea interesting though. Hard to imagine circumstances where you meet the Bolam test of a body of medical opinion but fail the Bolitho test that says that same medical opinion is irrational =/
Could we have a claim for tort of negligence against the AA? They picked our vehicle up, put it on a truck to go home (2hrs) but then abandoned it half-hour up the road, at the side of the road. Then left it for two days, each time telling us it was being picked up in an hour or two, went on for 45 hours and the vehicle got smashed into, left somewhere we would never had left it. We got AA cover so a broken down vehicle was NOT left on a road. Now won’t take any responsibility for their negligence and liability. Beyond stressful and left us totally abandoned!!!
Hello Marcus, can you tell What important obiters can be found in the decision of Lord Denning MR in nettleship v wetson 1971 and what role it has played in the development of the law?
Does everyone have a duty of care? If someone crashes their trolley into you in the supermarket and you break your leg as a result, can you sue the person? Did they have a duty of care to you?
I have 2 cases one from October 26 2019 he was charged with attempted murder but because of certain threats from people. I have to get this case started before October 26 2021 and it was dropped to assault despite the gruesome pictures and clearly caught red handed by the police. I mentioned restitution and suddenly I was treated like an outcast, harassed and on November 30th 2020 I suffered another assault. My life is a wreak and I badly need help. Please
A psychiatrist who fails to take action when you report abuse, exploitation, or any physical harm, physical needs not being met, is obligated to either help file criminal charges, lawsuits, help you obtain domestic violence shelter or protective care, etc.
if there is a precedent to support your case , how do we approach the problem ? like just say there is an established duty of care and the duty was clear to be imposed ? thanks , kind regards
+Benjamin Forsey It's not well defined but essentially means the courts won't impose a duty where doing so would have an impact on the core functions of a tortfeasor.
Hi Marcus, do you think you would do any videos on: Nuisance Occupiers' Liability Trespass Strict Liability Vicarious Liability I like your summarisations and the cases you cover, its a great kick-off for the topics. No worries if not, great work!
If we use Bolam it means that it gives authority to the large body of uk Local Authority malpractice against people with autism, learning disabilities.
You are an amazing teacher! I find your videos much better than any law books/summary notes or guides. Also, your command on your pronunciation and pauses is great.
Ha, thank you! Those pauses etc. are something I do worry about!
kindly make more videos@@marcuscleaver
Thank you so much, I have tried to watch loads of different law channels as a 1st year law student but yours is the only ones that are clear cut and straight to the facts on how we should apply each area of Law.
Once again Thank you.
I nailed my law exam thanks to your videos! Thank you so much for everything you are doing for us! Greetings from France
That's great to hear! Bien joué!
merci beaucoup !
I CANNOT THANK YOU ENOUGH!!!! That was so clear and just a pleasure to listen to! My exam is tomorrow and i was panicking on how to approach the questions. After watching this I am quite relieved now. It is as if the jumbled mess of an idea i had about the concept was carefully pieced together! Thank you so much! Bless you!
Recently, it was determined in Robinson v Chief Constable of West Yorkshire Police (2018) that the Caparo test should only be applied to entirely new situations and that the courts should apply precedent in all cases that are not novel (already considered).
thank you, youve made me understand this concept more. Been looking through textbooks for ages
This is nothing new. The Caparo test was supposed to be used this way by its creators.
@@_DigitalRemake Don't be rude,.
Great video. So much useful information packed in but done so clearly that it's not confusing at all. Thanks, Marcus.
You should write law concentrate books like LLB answered per example. Law is such a hard subject but you make it simple. Thank you.
Please do a video on vicarious liability! Your videos are amazing.
Made things way clearer, thank you!
It's worth noting that the second part of this video (8:54 onwards) is referring to the question of 'breach of duty'. So having established that the defendant (D) owed the claimant (C) a duty of care, you would then move onto the question of whether the D's acts/omissions had breached that duty owed to C by using the Hand Formula as described in the video. It is important to not conflate these two questions in an exam and assuming that just because D owed C a duty, that D has automatically breached it.
Legal rules and principles can be boiled down to a really simple explanation, and you do this brilliantly. I would love an update on this video in light of Michael v Chief Constable of South Wales Police [2015] and Robinson v Chief Constable of West Yorkshire Police [2018]
Hey there, the Bolam test has been expanded now to include...rationality and Bollito v Hackney? I really enjoy listening to you on my way to uni. I usually pop on one of your clips to prepare for whatever lecture I have. It is a great way to go into a lecture. Cheers Marcus.
Yeah I always find that idea interesting though. Hard to imagine circumstances where you meet the Bolam test of a body of medical opinion but fail the Bolitho test that says that same medical opinion is irrational =/
I just absorb your videos so easily... You're a star! ;-)
Could we have a claim for tort of negligence against the AA? They picked our vehicle up, put it on a truck to go home (2hrs) but then abandoned it half-hour up the road, at the side of the road. Then left it for two days, each time telling us it was being picked up in an hour or two, went on for 45 hours and the vehicle got smashed into, left somewhere we would never had left it. We got AA cover so a broken down vehicle was NOT left on a road. Now won’t take any responsibility for their negligence and liability. Beyond stressful and left us totally abandoned!!!
Always a pleasure to watch, glad you kept going with these vids :)
Hello Marcus, can you tell What important obiters can be found in the decision of Lord Denning MR in nettleship v wetson 1971 and what role it has played in the development of the law?
Do you have a video on a breach of duty ?
Hello I was wondering if you would still make videos on tort law, such as vicarious liability and occupiers liability
brill bro..one love ,, (love the singing,,,bbbbbiiiiiiiiii,,,good tone ,,over slunber ,george benson,, abbey rd )
Excellent video
You have inspired me to make my own channel, thank you! I'm a big fan. From another Cleaver (from New Zealand!) :)
I have a question, the Bolam Test or Nettleship v Weston are they not used in the field Breach of Duty in the Caparo Test?
hey, I can't get legal aid. I've been victims of harrasment, could you help me in a calculation. s.services failed to take my concerns since dec 2017?
Love your videos - they really do help underpin understanding of key principles and more. Heaps of thanks.😀
Does everyone have a duty of care? If someone crashes their trolley into you in the supermarket and you break your leg as a result, can you sue the person? Did they have a duty of care to you?
I have 2 cases one from October 26 2019 he was charged with attempted murder but because of certain threats from people. I have to get this case started before October 26 2021 and it was dropped to assault despite the gruesome pictures and clearly caught red handed by the police. I mentioned restitution and suddenly I was treated like an outcast, harassed and on November 30th 2020 I suffered another assault. My life is a wreak and I badly need help. Please
Are you in the UK?
A psychiatrist who fails to take action when you report abuse, exploitation, or any physical harm, physical needs not being met, is obligated to either help file criminal charges, lawsuits, help you obtain domestic violence shelter or protective care, etc.
Can some one tell me I'f some one has a duty of care do they have to see the person with that duty if they dont want to
I’m trying to find a case relating to a boat owned by a business owner at sea
if there is a precedent to support your case , how do we approach the problem ? like just say there is an established duty of care and the duty was clear to be imposed ? thanks , kind regards
great summary
Thank you as always David!!
@marcuscleaver / or anyone: In the Anns and Merton, what do you mean by "if there was a good policy reason"?
+Benjamin Forsey It's not well defined but essentially means the courts won't impose a duty where doing so would have an impact on the core functions of a tortfeasor.
Hi Marcus, do you think you would do any videos on:
Nuisance
Occupiers' Liability
Trespass
Strict Liability
Vicarious Liability
I like your summarisations and the cases you cover, its a great kick-off for the topics.
No worries if not, great work!
keep it up! will be waiting for more
Good video
Thanks for the visit
Great new friend
Do you offer tuition?
No, sorry :(
Very useful!
Thank you so much for this !
You’re a life saver
Love your videos! Just a heads up that this DoC video wasn't included in your Tort Playlist!
Oh man will get on that. :/
@@marcuscleaver what would be an counter argument to hunwicks bs Royal mail & pulkev vs ae day services? Thanks
@@Lescandalefinir the cases allow for employers to ignore proper procedure
@@marcuscleaver thanks, you're a great help
keep up the great videos.
Do you still use this forum?
Are you doing "USA Law" or "UK" law?
UK
Caparo Test (does not apply to all normal cases anymore)
great video... thank you you helped me with EU Law. please do commercial videos
EXELLENT video!
If we use Bolam it means that it gives authority to the large body of uk Local Authority malpractice against people with autism, learning disabilities.
We also have to consider the disadvantages of have a strict and prescriptive law that does not allow medical practice to develop with the times.
I should have never left law school, wow.
Lovely vedio
Any chance you can explain reasonable grounds in ref to duty? Swain v Puri in particular. An idiots guide to legal principles would be ideal. 😂
Thanks dude.!! you have a chilled way of presenting in a humble way. You are far from those ponsy lawyers with big L.!!
Haha! Thanks man, much appreciated!
This guy is a real G!
A medico-legal disaster I’m glad to see the back of.