Duty of Care

Question 1

Caparo v Diskman

Answer 1

1) Was the class of damage to the claimant reasonably foreseeable?
2) Was there a relationship of proximity between the defendant and claimant?
3) Is it fair, just and reasonable to impose a duty?

Question 2

Watson v British Boxing Board

Answer 2

Boxer claimed that medical attention should have been available ringside - upheld due to likelihood of injury and magnitude of potential harm

Question 3

Donoghue v Stevenson

Answer 3

Duty of care exists between manufacturers and consumer

Question 4

Nettleship v Weston

Answer 4

Duty of care exists between road users, pedestrians and passengers

Question 5

Cassidy v Ministry of Health

Answer 5

All medical staff owe a duty of care to their patients

Question 6

Bull v Devon HA

Answer 6

Hospitals owe a duty of care to each patient

Question 7

Wilson and Clyde Coal v English

Answer 7

Employers owe a duty of care to their employees

Question 8

Hall v Simons

Answer 8

Lawyers do not have immunity from negligence claims

Question 9

Hunter v CC West Midlands

Answer 9

Claimants should appeal criminal convictions rather than sue the lawyer

Question 10

Jones v Kaney

Answer 10

No immunity of expert witnesses from suit

Question 11

Kent v Griffiths

Answer 11

Ambulance services owe a duty to patients when a call is accepted
Can be excluded for decisions to attend to more pressing emergency/policy issues

Question 12

Capital Counties v Hampshire

Answer 12

Fire service under no duty to respond

Question 13

Church of Jesus Christ and the Latter-Day Saints v West Yorkshire Fire and Civil Defence Authority

Answer 13

No duty owed by fire department unless actively make situation worse than had they not attended
Did not have enough water in hydrants - still no duty

Question 14

Rigby v CC Northamptonshire

Answer 14

Distinction between policy and operational claims for police

Police officer negligently fired CS gas into claimant’s shop without checking risk of fire

Question 15

Hill v CC West Yorkshire

Answer 15

Police do not owe a duty regarding actions of criminals, unless a member of the public is in danger above and beyond the rest of the public

Question 16

Alexandrou v Oxford

Answer 16

Police owe no duty to respond to calls (burglar alarm)

Question 17

Leach v CC Gloucestershire

Answer 17

Claimant left traumatised after sitting in on interrogation of criminal - no proximate relationship between her and the police

Question 18

Swinney v CC Northumbria

Answer 18

Witness encouraged to give evidence which was stolen from police care
Duty upheld between informant and police

Question 19

An Informer v A Chief Constable

Answer 19

Duty between police and informant for personal injury only, not PEL

Question 20

Reeves v Metropolitan Police

Answer 20

Police found to have a duty of care to a mentally ill prisoner who committed suicide whilst in custody (high degree of control)

Question 21

Costello v CC Northumbria

Answer 21

Claimant was attacked by prisoner while colleagues were outside - duty of care owed

Question 22

Osman v Ferguson

Answer 22

Police only have a duty to a potential victim if they knew or ought reasonably to have known that they were at real and immediate risk over and above the rest of the public

Question 23

Stovin v Wise

Answer 23

No duty owed by local authorities when driver was injured due to overhanging bank of earth obstructing his view
Reluctance to impose liability since taxpayers will foot the bill

Question 24

Carmarthenshire CC v Lewis

Answer 24

Duty owed when proximate relationship established/care and control of school children which contributed to road accident

Question 25

X v Bedfordshire CC

Answer 25

No duty owed by local authority to children over abuse claims - high degree of discretion required
Claims regarded special education provisions were allowed

Question 26

W v Essex CC

Answer 26

Duty owed by local authority to foster parents after boy in their care abused their daughter - had made assurances they had failed to meet

Question 27

Mulcahy v MoD

Answer 27

No duty of care between soldiers engaged in battle conditions

Question 28

Smith v MoD

Answer 28

Doctrine of combat construed narrowly

Question 29

Haynes v Harwood

Answer 29

Policeman injured himself in attempting to recapture an escapee horse - did not owe a duty to anyone he injured in effecting the rescue
Duty owed by the creator of the danger

Question 30

Cutler v United Dairies

Answer 30

Claimant injured in recapturing an escapee horse that had come to rest - not effecting a rescue, therefore no duty owed

Question 31

Smith v Littlewoods

Answer 31

No general duty to act

Duty to act if defendant knows of danger on their premises created by third party

Question 32

Stansbie v Troman

Answer 32

Duty to act if the defendant creates a dangerous situation - defendant (painter) left the front door open
Duty to act if contractual relationship between claimant and defendant

Question 33

Barrett v MoD

Answer 33

Duty to act if pre-existing relationship and defendant assumes responsibility for claimant

Question 34

Home Office v Dorset Yacht Co

Answer 34

Duty to act if the defendant has care and control over the third party that caused the loss