Duty of care

Question 1

When should caparo test be used

Answer 1

When duty of care does not already exist. When no previous cases are sufficiently similar

Question 2

Caparo test 1

Answer 2

1: Damage must be reasonably foreseeable (objective test)

Question 3

Caparo test 2

Answer 3

2: Relationship of proximity between parties (in terms of time, space and relationship

Question 4

Caparo test 3

Answer 4

3: Must be fair, just and reasonable to impose a duty of care. (Policy test, in terms of floodgates/impact on budgets)

Question 5

Donoghue v stevenson

Answer 5

Snail in drink- Neighbour principle

Question 6

Caparo v Dickman

Answer 6

Mis valued shares- updated test

Question 7

Robinson v Chief constable of west Yorkshire

Answer 7

Elderly lady injured by someone resisting arrest - Caparo test should only be used if there is no similar cases

Question 8

Kent v Griffiths

Answer 8

Ambulance late in attending patient - reasonably foreseeable harm

Question 9

Bourhill v Young

Answer 9

Chose to view scene of an accident - no proximity

Question 10

Mcloughlin v O’brian

Answer 10

Saw aftermath of accident involving family - was proximity