Duty Of Care Cases Flashcards
Carparo Industries PLC V Dickman 1990
Produced accounts for company - Fidelity. He purchased shares of company. Accounts were inaccurate - company worse off than originally thought - Caparo lost a lot of money.
Neighbour test replaced with Caparo three fold test.
Bourhill V Young 1943
Motorcyclist crashed into car and was killed. Mrs Bourhill - 8 months pregnant heard crash (did not see but saw blood) she suffered from shock = her baby born still born.
COURT DECIDED - Did not owe duty of care; she was not his neighbour.
Kent V Griffiths 2000
Doctor called ambulance for a patient with asthma. Ambulance did not arrive soon enough, patient suffered a heart attack which could have been avoided if he arrived at hospital sooner.
COURT HELD: It was reasonably foreseeable that the Claimant would suffer harm from the late arrival of the ambulance.
Hill V Chief Constable of West Yorkshire 1990
Police were investigating the Yorkshire ripper murders. Police had enough info to arrest him, but waited, he then killed another victim.
COURT HELD: the family of final victim did not have a sufficiently proximate relationship for the police to owe them a duty of care as they had no way of knowing who the victim might be, even if they did know that there might be a further victim.
Capital & Countries PLC V Hampshire County Council 1997
COURT HELD: where a fire officer ordered the fire sprinkler system to be turned off, which caused the fire to spread, it was fair, just and reasonable to impose a duty as they had created a higher level of danger.
