Duty Of Care Flashcards
What is negligence?
Negligence is the breach of a legal duty to take care by the defendant resulting in loss or damage to the claimant.
What is the key case for establishing a duty of care?
The key case is Donoghue v. Stevenson [1932] A.C. 562.
What were the facts of Donoghue v. Stevenson?
The claimant’s friend bought her a ginger beer, which contained a decomposed snail, leading to her illness.
What was the held decision in Donoghue v. Stevenson?
The House of Lords decided that a manufacturer owed a duty to the ultimate consumer.
What is the Neighbour Principle?
The Neighbour Principle states that you must take reasonable care to avoid acts or omissions which you can reasonably foresee would likely injure your neighbour.
What is the Caparo three-stage test?
The Caparo test includes: 1) Foreseeability of harm, 2) Proximity between claimant and defendant, 3) Fair, just, and reasonable to impose a duty.
What does ‘fair, just and reasonable’ involve?
‘Fair, just and reasonable’ involves a broad analysis of the social, political, and economic impact of a decision on society.
What are some policy considerations in determining duty of care?
Policy considerations include floodgates, insurance, crushing liability, deterrence, maintenance of high standards, and defensive practices.
How should one ascertain if a duty of care is owed?
Consider existing authorities, draw analogies with existing cases, foreseeability of harm, proximity, and fairness.
What is the general rule regarding liability for omissions?
The law of tort only imposes liability on those who cause injury or damage; no duty is imposed on mere omissions.
What is the significance of proximity in omissions?
The relationship between the claimant and defendant is a prominent consideration in determining liability for omissions.
What are exceptions to the general rule of omissions?
Exceptions include statutory duty, contractual duty, sufficient control, assumption of responsibility, and creating risk through omission.
What is the general rule regarding liability for acts of third parties?
The law of tort only imposes liability on those who directly cause injury; no duty is imposed to prevent third-party harm.
What should be considered when determining duty of care for acts of third parties?
Consider existing precedents, draw analogies, and apply the Caparo test focusing on proximity between parties.
