DUTY OF CARE Flashcards
REASONABLY FORESEEABLE CASES
kent v griffiths, watt v herts cc, bhamra v dubb
sufficiently proximate cases
bourhill v young, Goodwill v BPAS
Just fair and reasonable case
watson v bbbc
cases where liability excluded for policy reasons for good of society
mulchay v MoD, Hill, Smith
3 stage test in caparo v dickman
- Reasonably foreseeable- Kent v Griffiths, Watt v Herts CC, Bhamra v Dubb
- Sufficiently proximate- physical and relationship- Bourhill v Young, Goodwill
- Just, fair and reasonable to impose DoC- Watson v BBBC
may exclude for policy reasons for good for society- Hill, Smith, Mulchay
What are the justifications for no liability for omissions and what did aityah say)
?
Pragmatic, control device, individualistic political theory. Hard to distinguish positive act from omission.
What are the exceptions to liability for omissions?
Control over the vulnerable - reeves, Barnes (school children)
Assumption of responsibility - Watson
Creation or adoption of risk.
Acts of third parties - how has the law in this area been described by McIvor?
‘Unstructured, unprincipled and incoherent.’
What did donoghue and Stevenson establish?
The neighbour principle. A universal requirement to take reasonable care. ‘The narrow rule’.
Which 3 aspects explain why D v S was so important?
1 at its most narrow - D overruled winter bottom v wright. It saw a d of c outside a contractual relationship
2 demonstrates the ‘categories of negligence are never closed’ Macmillan
3 established a single universal requirement to take reasonable care.
Nettleship v Weston. What did Cane say about striking a fair balance?
Between the competing interests of ‘freedom of action and personal security that we all share’.
Which case about hitting a drunk pedestrian said ‘the legal test is not a question of perfection using hindsight’?
Birch v Paulson.
