Duty of Care: History and General Rules

Question 1

Donoghue v Stevenson

Answer 1

Facts? Donoghue found decomposing snail in bottle of ginger beer. She fell ill and sued the manufacturer. Relationship between manufacturer and consumer was not a recognised relationship. Principle? Duty should be owed. Neighbour test - one must take reasonable care to avoid acts/omissions which it is reasonably foreseeable will injure one’s neighbour.

Question 2

Caparo v Dickman

Answer 2

Facts? Accountant negligently prepared accounts which showed company subject to takeover bid to be in better position than they were. Buyer later sued council. Principle? Three-stage test for duty of care where there is NOT an established duty.

Question 3

Bourhill v Young

Answer 3

Facts? Woman miscarried after seeing wreckage (blood) after Young crashed his motorbike into a car. Principle? Young could not have foreseen that anyone in B’s position could be affected (stage 1 Caparo test).

Question 4

Watson v British Boxing Board of Control

Answer 4

Facts? Boxer claimed immediate medical attention should have been available at ringside. Principle? Upheld. Injury was foreseeable (brain damage), sufficient proximity (D had assumed responsibility for determining nature of medical facilities and assistance provided), F J and R to impose duty. No policy reasons.