Duty of Care Flashcards
what are the elements of negligence?
duty, breach, causation, loss (remoteness), defences
what is the duty of care test in Caparo v Dickman?
- foreseeability of harm.
- relationship of sufficient proximity.
- fair, just and reasonable to impose a duty.
ONLY IN NOVEL SITUATIONS.
Is there liability for omissions in negligence>
no such duty is imposed on a mere failure to act.
exceptions include statutory duty, contractual duty, sufficient control, assumes responsibility, where the D creates the risk.
Omissions, duty of care and emergency services?
Ambulance service owe a duty of care to respond to a 999 call within a reasonable time but can exercise discretion on which emergencies are more pressing.
Fire brigade owes no duty of care to attend a fire but if they do not attend a fire, they owe a duty not to make the situation worse through a positive act.
Police owe no duty of care to respond to emergency calls.
third party and duty of care?
- sufficient proximity between defendant and claimant.
- sufficient proximity between defendant and third party.
- defendant created the danger.
- risk was one the d’s premises.
categorised as
1. A had assumed a responsbility to protect B from that danger.
2. A has done something which prevents another from protecting B from that danager.
3. A has a special level of control over that source of danger.
4. A’s status creates an obligation to protect B from that danger.
do public bodies owe a duty of care?
yes same principles apply as private bodies however a duty of care may be incompatible with statute or public policy.
when do the police owe a duty of care to informants?
The police assume responsibility to protect informers against the criminals they give evidence about. Informers should not be considered like other members of the public; they have a special relationship with the police.
rule in Caparo v Dickman?
all road users owe other users a duty of care. owe a duty not to cause reasonably forseeable harm.
