Duty of Care - Actions of 3rd Parties

Question 1

What is meant by ‘actions caused by 3rd parties?’

Answer 1

Someone other than C or D caused the damage
There is no general duty to prevent people from causing damage
BUT there are exceptions

Question 2

Exceptions to the rule that there is no general duty to stop others from causing damage:

Answer 2

Special relationship between D and C
Special relationship between D and 3rd party
Creation of danger ‘sparked’ by 3rd party
Failure to take steps to prevent this danger

Question 3

Stansbie v Troman

Answer 3

Special relationship between D and C

Facts: C employed D to decorate her house and asked him to lock the door. He didn’t, she was burgled. The contractual relationship created proximity for a duty to be imposed on D

PROXIMITY IS KEY IN THESE CASES

Question 4

Home Office v Dorset Yacht Co. Ltd

Answer 4

A duty will be imposed on D if there was a special relationship between them and the 3rd party

D were supervisors of 3rd party whom caused damage to some boats. Duty of care arose due to the supervisory role of D. Proximity was satisfied because damage was a direct failure of D.

PROXIMITY IS KEY IN THESE CASES

Question 5

Haynes v Harwood

Answer 5

D left his horses on a busy street, the 3rd party threw stones which aggravated them (sparking danger). They injured C, D owed a duty of care

Question 6

Clark Fixing Ltd v Dudley Metropolitan Borough Council

Answer 6

A duty will be imposed if D fails to prevent a known danger created by a 3rd party

Council owned a property which shared a roof with C. Trespassers entered and the fire they started caused damage to C’s property. A duty was imposed in this case because D was aware the trespassers would go in and start fires, they just did nothing to prevent this.