Duty Of Care

Question 1

Identify who can be sued

Answer 1

It may be possible for — to sue — for — under the tort of negligence

Question 2

Explain what negligence is

Answer 2

Negligence is where the defendant owes a duty of care, breaks their duty and the breach causes reasonably foreseeable damage

Question 3

Explain what the new Robinson test is

Answer 3

Under the new case of Robinson v cc, if there is a similar pre-existing duty situation that has been covered by case law or statute, then it may be possible to establish a duty of care between the claimant and the defendant

Question 4

Apply the new Robinson test

Answer 4

In this scenario, the duty is owed from a — to a —. This is similar to the case of —, where a duty was owed from a — to a —.

Question 5

Conclude- is a duty of cared owed?

Answer 5

Based on this case, it is clear that a duty of care is/n’t owed from the — to the —.