Duty Of Care

Question 1

Leading case + Test?

Answer 1

Camaro Industries PLC v Dickman 1990.

1. The damage was foreseeable
2. Proximity
3. Fair, Just + Reasonable.

Question 2

What does reasonable foreseeable mean? Case?

Answer 2

This is where a reasonable person could foresee that damage or injury to be cause to another person by their actions or omissions. Whether the injury or damage is reasonable foreseeable depends on the facts of the case.
Case; Topp v London Country Bus 1993

Question 3

What does proximity mean? Case?

Answer 3

Even if the harm was foreseeable, a DOC will only exist if the relationship between the C and D is sufficiently close.
Case; Bourhill v Young 1943 + McCloughlin v O’Brien 1982

Question 4

What does Fair just and reasonable mean? Case?

Answer 4

Using this test, the courts are considering what is best for society as a whole. Equally they have to consider whether, by allowing the claim, they will be ‘opening the floodgates’ to may future claims.
Case; Capital + Counties PLC v Hampshire County council 1997.

Question 5

What are policy considerations? (Fair, just and reasonable)

Answer 5

The courts aren’t as quick to impose a DOC where public bodies are involved. When judges decide whether to impose liability in an area not previously dealt with, they exercise caution as to not create a new rush of claims.
Case; Robinson v Chief Constable of West Yorkshire 2018 + Hill v Chief Constable of West Yorkshire + Alcock v Chief Constable of South Yorkshire Police 1992