DUTY OF CARE Flashcards
When was DofC first established?
By master of the rolls BRETT in HEAVEN v PENDER 1883
Where is the most widely accepted beginning on DofC?
DONOGHUE v STEVENSON 1932 -> LORD ATKIN
What principle was established by LORD ATKIN in which 1932 case?
The neighbour principle in DONOGHUGE v STEVENSON
What was the definition of neighbour as per LORD ATKIN
‘Persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected’
Which case said policy arguments should be central idea behind D of C?
ANNS v MERTON 1978
Which case widened DofC to pure economic loss?
JUNIOR BOOKS v VEITCHI 1983
Which case began to limit where a DofC can be found?
HILL v CC WEST YORKSHIRE 1988
How did HILL 1988 restrict DofC?
Established there had to be sufficient proximity between C and D
Which case established the standard test for a DofC?
CAPARO v DICKMAN 1990
What is the CAPARO 1990 test?
Must meet 3 criteria:
- Foreseeability of injury
- Proximity between parties
- It is fair, just and reasonable to impose the DofC
Case facts BISHOP ROCK 1996
Policy decision not to impose DofC on not for profit organisations as this would encourage defence practices unfairly
Which case was confirmed as still valid in BISHOP ROCK 1996?
ANNS v MERTON 1978
What is the objective standard for DofC?
That of an ordinary citizen -> the man on the Clapham omnibus
Which case stated a person need only be reasonably competent, i.e. It’s not a high standard one is held to
WELLS v COOPER 1958
Which case recognised people do make mistakes they shouldn’t be liable for
THE OGOPOGO 1972
- Botched rescue attempt in boat collision
- It was an emergency situation where D’s tried their best = no DofC
Why don’t courts establish too high a standard for DofC even for emergency responders?
To avoid discouraging people from helping others
When can the standard for a DofC vary?
When children are involved -> MCHALE v WATSON 1966
- Unfair to hold a child to same standard as a reasonable adult
What’s a good example for how the objective DofC test is normally effective
DRIVERS
Two cases of drivers illustrating the general application of objective standard of a reasonable person?
NETTLESHIP 1971
BROOME v PERKINS 1987
Case facts of NETTLESHIP 1971
- New driver involved in an accident
- Said they should only be held to the standard of a reasonable person who was a new driver
- Court disagreed: by being on the road driving they should be held to the same objective standard of anyone else driving
Case facts BROOME v PERKINS 1987
- D was a diabetic who didn’t take his medication
- Suffered an attack whilst driving and caused a collision
- HELD: a reasonable diabetic would’ve taken precautions of this by taking their medication
What standard are professionals held to?
Normal standard of a person in that profession -> higher than that for the man on the Clapham omnibus
Which case considers there can be variation in professional opinion?
BOLAM 1957
How does BOLAM 1957 account for differences in professional opinion?
- Professionals will not be held liable if their actions accord with substantial and respectable body of opinion in their field
