Duty of care.

Question 1

first must establish a duty of care is owed to the claimant…

Answer 1

-robinson v chief constable of west yorkshire (2018)
- if an already established duty of care exists the courts should follow this precedent

Question 2

what if the court has not considered whether a duty of care exists?

Answer 2

the courts will follow the closest analogy

Question 3

what test doesn’t apply if there’s an already existing case?

Answer 3

three part caparo test

Question 4

the harm must be…

Answer 4

reasonably foreseeable (kent v griffiths