1. Duty Of Care Flashcards
Caparo v Dickman
- Was the damage to the claimant reasonably foreseeable?
- was there a relationship of sufficient proximity between C and D?
- Is it fair, just and reasonable for the court to impose a duty of care?
Watson v British Board of Control
Boxer’s claim that immediate medical attention should have been available at ringside was upheld, since injury was foreseeable, boxing licensing system meant that there was close proximity, and it was fair, just and reasonable to impose duty
Spring v Guardian Assurance
D owed duty to give careful job references about P
White v Jones
Duty owed to proposed beneficiary in will by solicitor after delay in drafting resulted in him not being included and will
Rigby v CC of Northamptonshire
Police liable for operational failure
Hill v CC for W Yorkshire
No liability for police’s failure yo catch criminal - insufficient proximity
Alexandrou
No duty to respond to P’s burglar alarm
Capital and Counties v Hampshire County Council
Fire brigade has no duty to attend, but liability may be imposed if attend and make matters worse
Kent v Griffiths
Ambulance has duty to attend
Stovin v Wise
LA not liable where it has acted within powers granted to it by statute and on the basis of discretionary decision properly made
Carmathenshire CC v Lewis
LA has duty of care to motorist injured in road accident after he had swerved to avoid people left unsupervised in school
Palmer v Tees Health Authority
No duty for HA for failing to identify risks posed by outpatient, who then murdered C
Liability imposed for act of third party as sufficient proximity between D and C
W v Essex County Council
CC liable for giving family abusive foster child
Haynes v Harwood
Liability imposed on D after policeman injured trying to bring horse to a halt
Cutler v united Diaries
No liability in relation to rescuer where horse had come to a standstill
