Duty of care

Question 1

Donoghue v Stevenson

Answer 1

Established modern tort of negligence, C ingested ginger beer which contained a decomposed snail and suffered gastroenteritis

Question 2

Caparo v Dickman

Answer 2

No duty of care was owed. There was not sufficient proximity between Caparo and the auditors since the auditors were not aware of the existence of Caparo nor the purpose for which the accounts were being used by them

Question 3

A duty of care exists when (3)

Answer 3

1. Was the harm caused reasonably foreseeable?
2. Was there a relationship of proximity?
3. Is it fair to impose the duty?

Question 4

Home Office v Dorset Yacht Co (foreseeability)

Answer 4

Facts: A group of unsupervised boys at work stole a boat which collided with the claimant’s yacht

Held: The supervisors were held liable as they had a position of control over the 3rd party, it was reasonably foreseeable harm would’ve resulted from their inaction

Question 5

Bourhill v Young (relationship of proximity)

Answer 5

Facts: A pregnant woman suffered a miscarriage after witnessing the aftermath of a motorcycle collision a short while after it occurred. She made a claim in negligence against D’s estate

Held: D wasn’t liable as she wasn’t involved in the incident and no proximity of relationship between C and D

Question 6

Hill v Chief Constable of West Yorkshire (fair/just/reasonable)

Answer 6

Facts: Mrs Hill failed in her action to hold the police negligent for releasing the Yorkshire Ripper after he killed another person.

Held: Court decided it was not fair, just or reasonable for the police to owe a DOC to general public.

Question 7

Lord Atkin- neighbour principle

Answer 7

“persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am doing said act/omission”

Question 8

Alcock v Chief Constable South Yorkshire (fair/just/reasonable)

Answer 8

Facts: 90 people killed in a crush (Hillsborough disaster), people suffered nervous shock

Held: need ‘close ties of love and affection’. Not fair, just and reasonable to impose a duty of care on the police in respect of a claimant who was at the other end of the ground to the crush