Duty Of Care In Tort

Question 1

What principle is the duty of care?

Answer 1

Neighbour principle

Question 2

What is the Caparo test?

Answer 2

There will be a duty of care if:

1) It was reasonably foreseeable that there was a risk that C and/or their property would be affected
2) The relationship between C and D was sufficiently proximate in time and space
3) it must be fair just and reasonable in the circumstances for a duty of care to be imposed on D