duty of care Flashcards
why do we have duty of care?
because there can be an indeterminate number of people that are injured as a consequence of someoned actions so we must establish if there was a duty of care owed to that person to limit liability
what is the algorithm that we use for establishing if negligence has occured towards an individual?
Donoghue v Stevenson
there must be a duty of care owed to the pursuer (therefore a pre existing duty)
there must be a breach of this duty of care
the breach must have caused a loss to the pursuer
what is the standard of care that a man must take? case law
muir v glasgow corporation
what is the case for the current law of duty of care? what does it show us?
caparo industries plc v dickman
loss of injury is reasonably forseeable
close degree of proximity between the parties
it is fair just and reasonable to impose a duty of care.
this is the first case we go too to establish duty of care
you need all 3 requirements to establish duty of care.
case which shows caparo’s tripartide test
Mark rich and co AG v Bishop rock marine co ltd
showed that it was not fair just and reasonable to impose liability on the person
which case shows where fair just and reasonableness is absent?
coleridge v miller construction ltd
company cut off cables when working on them. factory loose power. try to claim damages. glass becomes useless. not fair and just to impose liability on them.
however reasonable foreseeability can also be disputed. can establish the difference between foreseeability and proximity.
case showed proximity
Gibson v Orr
has collapsed. police are there. they move. person drives in. gets injured. police created proximity. moved away therefore they bare liability.
where they did not assume resopnsibility.
Mitchell v Glasgow City Council
what is the case where
shows where the proximity is present but the reasonable forseeability is absent
