Duty of Care Flashcards
1
Q
DONOGHUE v STEVENSON
snail in the bottle
A
“ YOU MUST TAKE REASONABLE CARE TO AVOID ACTS OR OMISSIONS WHICH YOU CAN REASONABLY FORESEE WOULD BE LIKELY TO INJURE YOUR NEIGHBOUR “
2
Q
THE NEIGHBOUR PRINCIPLE
A
According to Lord Atkin; it is anyone who might potentially be injured by your act or omission.
The person who is owed a duty of care by the defendant
3
Q
THE CAPARO TEST
A
- WAS THE DAMAGE OR HARM REASONABLY FORESEEABLE?
- IS THERE A SUFFICIENTLY PROXIMATE RELATIONSHIP BETWEEN THE CLAIMANT & DEFENDANT?
- IS IT JUST, FAIR & REASONABLE TO IMPOSE A DUTY?
4
Q
CAPARO v DICKMAN
A
claimant wanted to take over a company.
looked at their accounts, which showed a profit, so they took over.
after purchase was complete, their books actually showed a loss
HoL set the 3 part test to see if duty of care was owed
was decided they did not as the accounts were only made for that company to see themselves
