Duty Of Care Flashcards
1
Q
Does the Caparo three stage test always have to be used to prove duty of care owed?
A
No if there is an established legal principle (disadvantage as two sides may disagree if POL applies or not
2
Q
What is the issue with duty of care in relation to floodgates?
+ case example
A
Seemingly good claim can fail to prevent floodgates
Alcock v Chief constable of South Yorkshire police Hillsborough Disaster
3
Q
Is judicial discretion always good when proving duty of care?
what type of cases
A
No Judicial discretion can sometimes go to far with Psychiatric cases judges unelected so should not make the law
4
Q
Is it fair that emergency services are not liable for their omissions?
And case example
A
No not always reasonable Munro v London Fire Brigade
