Duty of care- COMPLETE

Question 1

What case refers to an established sitation?

Answer 1

Robinson V WYP.

Question 1

What counts as an established situation?

Answer 1

-Teacher to student
-Doctor to patient.

Question 2

Which case is used when there is not an established situation?

Answer 2

-Caparo V Dickman.

Question 3

What are the three stages of the Caparo V Dickman test?

Answer 3

-Reasonably foreseeable that a person in the claimants position would be injured.
-Sufficient proximity.
-Fair just and reasonable

Question 4

When is the Caparo V Dickman test used?

Answer 4

When there is no established situation.

Question 5

-Reasonably foreseeable that a person in the claimants position would be injured.
-Sufficient proximity.
-Fair just and reasonable
…which case does this three stage test refer to?

Answer 5

-Caparo V Dickman.

Question 6

Which cases link to the harm being reasonably foreseeable?

Answer 6

-BBBC V Watson.

-Kent V Griffiths.

Question 7

BBBC V Watson?

Answer 7

-Reasonably foreseeable.
-Boxing.

Question 8

Kent V Griffiths?

Answer 8

-Reasonably foreseeable?

-38 mins, asthmatic pregnant lady.

Question 9

Which cases link to proximity?

Answer 9

-Bourhill V Young

-Mcloughlin V O’brian

Question 10

Bourhill V Young?

Answer 10

-No Proximity

-Motorbike pregnant lady.

Question 11

Mcloughlin V O’brain?

Answer 11

-Proximity by relationship.

-Woman- hospital- dead family.

Question 12

Which cases link to just, fair and reasonable?

Answer 12

-Hill V CCWYP

-Robinson V CCWP.

Question 13

Robinson V CCWP?

Answer 13

-Police do not have blanket immunity (JFR)

-Policy decisions are often controlled by the floodgates.

Question 14

Hill V CCWYP?

Answer 14

-Yorkshire ripper case.

-No doc.

Question 15

Structure?

Answer 15

1- established situation
2-caparo v Dickman test.