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
Robinson 2018
- The Caparo test should only be applied in a novel situation
- the court must reason incrementally by analogy using previous precedents and existing statute
- The Caparo test should only be applied in a novel situation
- the court must reason incrementally by analogy using previous precedents and existing statute
Robinson 2018
Hill 1990
Unless police had created the danger, they would not owe a duty of care because it is not fair, just and reasonable for them to owe a duty of care to someone that is not known to them
Unless police had created the danger, they would not owe a duty of care because it is not fair, just and reasonable for them to owe a duty of care to someone that is not known to them
Hill 1990
Michaels v CC of SW 2015
Police do not owe a duty of care to someone who they know is at risk of harm from a third party
Police do not owe a duty of care to someone who they know is at risk of harm from a third party
Michaels v CC of SW 2015
There will only be a duty to warn another person that he is at risk of loss, injury or damage as a result of a third party if D has, by words or conduct, assumed responsibility for the safety of that person
Mitchell 2009
Mitchell 2009
There will only be a duty to warn another person that he is at risk of loss, injury or damage as a result of a third party if D has, by words or conduct, assumed responsibility for the safety of that person
