Duty Of Care

Question 1

Duty of care

Answer 1

Neighbour test established in Donoghue V Stevenson by Lord Atkin
We now use 3 stage test from Caparo v Dickman

Question 2

Was the injury reasonably foreseeable?

Answer 2

Kent v Griffiths

Reasonably foreseeable that a patients condition may worsen if the ambulance fails to arrive on time

Question 3

Was there a relationship of close proximity between the C and the D?

Answer 3

Physical proximity - Bourhill V Young

Legal proximity - Hill V Chief Constable

Question 4

Is it fair, just and reasonable to impose a duty on the D?

Answer 4

It is unfair to impose a duty on some emergency services as they a performing a social utility and may open the flood gates.
Hill V Chief Constable