Duty of Care (Negligence) Flashcards
1
Q
What are the 2 ways duty of care can be established?
A
- The Robinson Approach (applying existing precedent)
- Where not previous precedent exists, applying the Caparo test
2
Q
What is the Robinson Approach?
A
- Robinson v CC West Yorkshire Police 2018
- Look to existing precedent
3
Q
e.g well established categories of duty
A
- Manufacturer and consumer
- Doctor and patient
- Drivers and road users
- Employer and employee
- Instructor and learner
- Teacher and Student
- Parent and child
4
Q
Case for Robinson Approach
A
- Donoghue v Stevenson
- Lord Atkin created the Neighbour principle
5
Q
What is the Caparo test?
A
- No previous precedent
- 3 parts: was the harm reasonably foreseeable, was there sufficient proximity, is it fair/just/reasonable to impose a duty?
6
Q
Reasonably foreseeable (caparo test)
A
Whether a reasonable person in D position would have foreseen in some way the act/omission may harm others
7
Q
Case for reasonably foreseeable (Caparo Test)
A
Kent v Griffiths
8
Q
What is sufficient proximity? (caparo test)
A
Closeness in time/space or through a legal relationship
9
Q
Case for proximity
A
Bourhill v Young
10
Q
What is fair/just/reasonable? (caparo test)
A
Judges take into account best interests of society when deciding whether to impose a duty
11
Q
Case for FJR (caparo test)
A
Hill v Chief Constable of West Yorkshire Police
