Duty of Care (Negligence)

Question 1

What are the 2 ways duty of care can be established?

Answer 1

• The Robinson Approach (applying existing precedent)
• Where not previous precedent exists, applying the Caparo test

Question 2

What is the Robinson Approach?

Answer 2

• Robinson v CC West Yorkshire Police 2018
• Look to existing precedent

Question 3

e.g well established categories of duty

Answer 3

• Manufacturer and consumer
• Doctor and patient
• Drivers and road users
• Employer and employee
• Instructor and learner
• Teacher and Student
• Parent and child

Question 4

What was the case of Donoghue and Stevenson?

Answer 4

• 1932
• C bought bottle of ginger beer by friend, found the remains of a decomposed snail, fell ill
• Couldn’t claim compensation as under contract law she hadn’t bought the drink
• Lord Atkin created the Neighbour principle

Question 5

What is the Caparo test?

Answer 5

• No previous precedent
• 3 parts: was the harm reasonably foreseeable, was there sufficient proximity, is it fair/just/reasonable to impose a duty?

Question 6

Reasonably foreseeable (caparo test)

Answer 6

Whether a reasonable person in D position would have foreseen in some way the act/omission may harm others

Question 7

What was the case of Kent v Griffiths? (caparo test)

Answer 7

• 2000
• Was reasonably foreseeable that C’s condition would worsen if the ambulance did not arrive promptly, no good reason why it did not

Question 8

What was the case of Topp v London Country Bus? (caparo test)

Answer 8

• 1993
• Driver of minibus left it unlocked with keys in
  Not foreseeable that the bus would be stolen and driver would run over someone

Question 9

What is sufficient proximity? (caparo test)

Answer 9

Closeness in time/space or through a legal relationship

Question 10

What was the case of Bourhill v Young? (caparo test)

Answer 10

• 1943
• Pregnant woman miscarried after hearing a motorcycle accident around the corner
• Not close enough in time or space

Question 11

What was the case of Mcloughlin v O’Brien? (caparo test)

Answer 11

• 1983
• Mother arrived in immediate aftermath of serious accident involving family members
• Was sufficient proximity

Question 12

What is fair/just/reasonable? (caparo test)

Answer 12

Judges take into account best interests of society when deciding whether to impose a duty

Question 13

What was the case of Hill v Chief Constable of West Yorkshire Police? (caparo test)

Answer 13

Not FJR to impose duty for failure to catch killer sooner: being sued could restrict future investigations

Question 14

What was the case of Capital & Counties plc v Hampshire CC? (caparo test)

Answer 14

• 1997
• Was FJR to impose duty when firefighter turned of sprinklers and made fire damage worse