duty

Question 1

what is the neighbour principle

Answer 1

duty owed to those who closely and directly affected by actions
donoghue v stevenson- c friend bought ginger beer, decomposing remains of dead snail, c unwell suffered shock and severe bout of gastroenteritis spent days in hospital, sued manufacture of ginger beer claiming illness was his fault

Question 2

what is the three part test

Answer 2

injury reasonably foreseeable
sufficient proximity between d and c
fair just and reasonable
only used novel situations
caparo v dickman- c shareholders in company, c bought more shares and took over company, discover accounts were wrong, company made a loss rather than profit

Question 3

what is the incremental approach

Answer 3

established duties
reason by analogy- doctor and patient, teacher and student, driver and pedestrians
precedent- nettleship v weston- drivers owe duty of care to passengers in the care
acts of parliament- the health and safety at work act- imposes duty on employers take reasonable care of health and safety of employee, children act 1989- imposes local authorities a duty to safeguard and promote welfare of children within their area who are in need
robinson

Question 4

what is reasonable foreseeable

Answer 4

d actions are ones which would be expected to cause loss of damage to anyone in c position, reasonably foresee it
langley v dray-c police officer, injured in crash while pursuing a d driving stolen car, court of appeal ruled d knew he was being pursued and therefore increasing speed, caused poice driver to drive faster and risk being injured

Question 5

what is sufficient proximity

Answer 5

there must be proximity in either time space or in relationship between c and d
bourhill v young- c getting off tram when heard motor accident did not see accident but saw blood on road, suffered nervous shock and miscarriage, reasonably foreseeable some people suffer harm as result of d negligent driving, no proximity between c and d- been safe place at time of crash

Question 6

what is fair just and reasonable

Answer 6

public policy test protects public servants who doing work so dont fear cases being brought against them, aims to stop the floodgates opening
if public servant increases risk through their own actions then it is more likely the courts will find it to be fair just and reasonable to impose duty of care
mulcahy v mod- soldier serving in gulf war, damage to hearing, court of appeal held that foreseeability and proximity present consider policy issues, cant impose duty of care ministry of defence battlefield situations