Duty Flashcards
What is the primary principle of the duty of care in tort law?
The primary principle is that individuals must act with reasonable care to avoid causing harm to others.
True or False: The duty of care is only applicable in professional contexts.
False: The duty of care applies to all individuals in various contexts.
Fill in the blank: The test for establishing a duty of care was set out in the case of _____ v. _____ (1932).
Donoghue v. Stevenson
What is the ‘neighbour principle’ as established in Donoghue v. Stevenson?
It states that one must take reasonable care to avoid acts or omissions that could foreseeably harm one’s ‘neighbours’, or those closely affected by one’s actions.
In which case did the House of Lords clarify the criteria for establishing a duty of care?
Caparo Industries plc v. Dickman (1990)
What are the three criteria established in Caparo Industries plc v. Dickman for determining duty of care?
- Foreseeability of harm, 2. Proximity between the parties, 3. Whether it is fair, just, and reasonable to impose a duty.
True or False: A duty of care can exist without a special relationship between the parties.
False: A special relationship often establishes the duty of care.
What does ‘proximity’ refer to in the context of duty of care?
Proximity refers to the closeness or direct relationship between the defendant’s actions and the plaintiff’s harm.
Which case introduced the concept of ‘pure economic loss’ in relation to duty of care?
Spartan Steel & Alloys Ltd v. Martin & Co (Contractors) Ltd (1973)
True or False: A defendant can be held liable for duty of care even if the harm was not foreseeable.
False: Harm must be foreseeable for liability to arise.
Fill in the blank: In the case of _____ v. _____ (1996), the court examined the duty of care owed by a local authority.
Stansbie v. Troman
What is the significance of the case of Hill v. Chief Constable of West Yorkshire (1989) regarding duty of care?
It established that police do not owe a duty of care to prevent harm to individuals in general.
What is the ‘floodgates’ argument in relation to duty of care?
It suggests that recognizing new duties of care could lead to an overwhelming number of claims, burdening the legal system.
Which case involved the issue of duty of care in relation to a psychiatric injury?
Alcock v. Chief Constable of South Yorkshire Police (1991)
True or False: The duty of care is a strict liability standard.
False: The duty of care is based on a standard of negligence.
Fill in the blank: The concept of duty of care is primarily concerned with _____ towards others.
reasonableness
What does the term ‘negligence’ mean in the context of duty of care?
Negligence refers to the failure to exercise the care that a reasonably prudent person would exercise in similar circumstances.
In which case was it established that a duty of care exists in the context of road traffic accidents?
Wyeth v. Hammersmith and Fulham LBC (2000)
True or False: A duty of care can be owed to an unborn child.
True: A duty of care can extend to unborn children in certain circumstances.
What is the term used to describe the legal requirement to act with a certain standard of care?
Standard of care
Fill in the blank: The case of _____ v. _____ (2005) addressed the duty of care in the context of medical negligence.
Pearson v. Lightning
What is the role of foreseeability in determining duty of care?
Foreseeability helps to establish whether a reasonable person would have anticipated the risk of harm.
What does ‘duty of care’ mean in tort law?
It refers to the legal obligation to avoid acts or omissions that could foreseeably harm others.
