Duty Of Care

Question 1

Duty can be via

Answer 1

Contract, statue, special relationship, take on duty, novel situation or neighbour principal

Question 2

Formula for negligence

Answer 2

Duty of care from D to c
Breach
Breach causes foreseeable loss

Question 3

Neighbour principle

Answer 3

Donoghue V Stevenson
Should D have C in reasonable contemplation

Question 4

Novel situation

Answer 4

Incremental approach
Caparo V Dickman

Question 5

3 elements of incremental approach

Answer 5

Damage or loss foreseeable
Proximate
Just and reasonable to sue

Question 6

Just and reasonable case

Answer 6

Mulchany V ministry of defence

Question 7

Proximate Via relationship

Answer 7

Mclonglin V O brien

Question 8

Physical proximity

Answer 8

Bourhill V young

Question 9

Foreseeable damage or harm

Answer 9

Kent V gritthis - reasonably foreseeable
Langsley V dray

Question 10

Can there be secondary victim

Answer 10

No alcock