Duty of Care

Question 1

what is the definition of duty of care?

Answer 1

(Donoghue v Stevenson)-neighbour principle-we owe a duty of care to “persons who are so closely and directly affected by my act that i ought reasonably to have them in contemplation”

Question 2

how do we see if a duty of care exists?

Answer 2

(Caparo v Dickman)-3 part test

1. reasonably foreseeable that C would be injured
2. sufficient proximity
3. fair just and reasonable to impose liability

Question 3

what is the first step and cases of the caparo v dickman three part test?

Answer 3

reasonably foreseeable that a person in C’s position would be injured

(Kent v Griffiths)

Question 4

what is the second step and cases of the caparo v dickman three part test?

Answer 4

there was sufficient proximity

• space time or relationship
• (Bourhill v Young)
• (McGloughlin v O’Brien)

Question 5

what is the third step and cases of the caparo v dickman three part test?

Answer 5

fair just and reasonable to impose liability on d

• floodgates of litigation-(Hillsborough)
• best for society as a whole-(Hills v Chief Constable of West Yorkshire)