Duty of care Flashcards
What is a tort?
A civil wrong
Donoghue v Stevenson 1932
Established a duty of care
Established a duty of care
Donoghue v Stevenson 1932
The duty of care is framed in what?
The neighbour principle
The neighbour principle
D must take ‘reasonable care’ to avoid an act or omission which would inflict ‘reasonably foreseeable harm’ to their neighbour
D must take ‘reasonable care’ to avoid an act or omission which would inflict ‘reasonably foreseeable harm’ to their neighbour
The neighbour principle
Neighbour
someone that will be ‘closely and directly affected’ by the defendant’s actions that they ought to be ‘in contemplation’
someone that will be so ‘closely and directly affected’ by the defendant’s actions that they ought to be ‘in contemplation’
Neighbour
What must be present for a duty of care to exist?
- A foreseeability of harm
- Proximity between victim and defendant
Caparo v Dickman 1990
Created the Caparo test
Case that created the Caparo test
Caparo v Dickman 1990
The Caparo test
Must be ‘fair, just and reasonable’ to owe a duty of care
Must be ‘fair, just and reasonable’ to owe a duty of care
The Caparo test
Bourhill v Young 1943
Even if harm is reasonably foreseeable, a duty of care will only exist if there is a sufficiently close or proximate relationship
even if harm is reasonably foreseeable, a duty of care will only exist if there is a sufficiently close or proximate relationship
Bourhill v Young 1943
