Duty of Care

Question 1

Caparo v Dickman

Answer 1

Is damage reasonably foreseeable? Is there sufficient proximity between claimant and defendant?
It is just fair and reasonable to impose a duto of care?

Question 2

police liable for operations

Answer 2

Rigby v Chief Constable of Northamptonshire

Question 3

police not liable for policy/failure to apprehend criminals

Answer 3

Hill v Chief Constable of West Yorkshire

Question 4

Police do not owe a duty of care to check property or respond to alarm

Answer 4

Alexandrou v Oxford

Question 5

police held duty of care to mentally ill prisoner who committed suicide

Answer 5

Reeves v MPC

Question 6

Fireman ordered sprinkler to be turned off

Answer 6

Capital and Counties v Hampshire CC

Question 7

Fire brigade left scene before ensuring fire was properly extinguished

Answer 7

John Munroe v London Fire

Question 8

fire service failed to ensure adequate supply of water

Answer 8

Church of Jesus Christ

Question 9

Acceptance of 999 call by ambulance establishes duty of care

Answer 9

Kent v Griffiths

Question 10

HA failed to identify risks presented by dangerous outpatient. HA not liable as insufficient proximity

Answer 10

Palmer v Tees HA

Question 11

No duty to be a good Samaritan, but law looks favourably on rescuers

Answer 11

Haynes v Harwood

Question 12

No risk so not a rescue

Answer 12

Cutler v United Dairies

Question 13

Claimant must be foreseeable

Answer 13

Palsgraf v Long Island

Bourhill v Young

Question 14

Sufficient that class is foreseeable

Answer 14

Donoghue v Stevenson

Haley v London Electricity Board

Question 15

Liable for omissions where high degree of control over claimant by defendant

Answer 15

Reeves v MPC

Question 16

Assumption of responsibility - liability for omissions

Answer 16

Costello v CC of Northumbria Police

Question 17

Liability for omissions - defendant created risk

Answer 17

Capital and Counties v Hampshire CC

Question 18

Generally courts reluctant to impose duty where tort committed by a third party

Answer 18

Perl v Camden

Question 19

Duty for 3rd party where there is sufficient proximity between the defendant and claimant

Answer 19

Stansbie v Troman

Question 20

Duty for 3rd party where there is sufficient proximity between defendant and third party

Answer 20

Home Office v Dorset Yacht Club