Duty of Care

Question 1

what is the case that first established doc

Answer 1

Donoghue v Stevenson (1932)

Question 2

what did the Donoghue v Stevenson case establish

Answer 2

Lord Atkin’s Neighbour Principle

Question 3

what is the neighbour principle

Answer 3

neighbours are any person you should extend care to when considering your acts or omissions

Question 4

what is the case that established the 3 part test

Answer 4

Caparo Industries PLC v Dickman (1990)

Question 5

what are the 3 parts in the 3 part test and the cases associated with them

Answer 5

1) reasonably foreseeable (Langley v Dray)
2) sufficient proximity (Bourhill v Young)
3) fair just and reasonable (Mulcahy v MOD)

Question 6

what happened in Langley v Dray (1998)

Answer 6

police officer sped to chase car thief and crashed; defendant knew speeding would make a crash more likely

Question 7

what happened in Bourhill v Young (1943)

Answer 7

C saw aftermath of motor accident and suffered miscarriage, they went to go see it so not sufficient proximity

Question 8

what happened in the case Mulcahy v MOD

Answer 8

soldier in gulf war suffers bearing damage when other soldier fired shells; not f,j or r to impose during battlefield situations

Question 9

what is the modern way (case) to establish doc

Answer 9

Robinson v Chief Constable of West Yorkshire Police (2018)

Question 10

what is the most modern way (3 parts) to establish doc and what dk they mean

Answer 10

1) statutory duty exists (act of parliament)
2) recognised duty/precedent ( ruling from previous cases)
3) reason by analogy (similar circumstances)