Duty of Care (Negligence)

Question 1

Negligence - definition

Answer 1

A breach by the defendant of a legal duty of care owed to the claimant that results in actionable damage to the claimant unintended by the defendant

Question 2

Four elements of Negligence

Answer 2

Duty of care
Breach of duty
Causation
Defences

Question 3

Two types of situation

Answer 3

Novel duty situation

Established duty situation

Question 4

Established duty situation:

One road user to another

Answer 4

London Passenger Transport Board v Upson

Question 5

Established duty situation:

Defendant to rescuer, where D has created dangerous situation so that it is reasonable that somebody may attempt rescue

Answer 5

Baker v Hopkins

Question 6

Established duty situation:

Driver to pedestrians and passengers

Answer 6

Netteship v Weston

Question 7

Established duty situation:

Referee to sport players

Answer 7

Vowles v Evans

Question 8

Established duty situation:

Advocate to client

Answer 8

Arthur J S Hall v Simons

Question 9

Established duty situation:

Ambulance service to emergency callers (in limited situations)

Answer 9

Kent v Griffiths

Question 10

NO established duty situation:

Soldier to colleague

Answer 10

Mulcahy v Ministry of Defence

Question 11

No established duty situation:

Fire service to emergency caller

Answer 11

Capital and Counties

Question 12

Tests for novel duty situations

Answer 12

Donoghue v Stevenson (wide rule)

Caparo Industries v Dickman

Question 13

Donoghue v Stevenson

Answer 13

‘You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour’

Question 14

Caparo Industries v Dickman

Answer 14

a. Is it reasonably foreseeable that defendant’s actions will affect this particular claimant?
b. Is there sufficient proximity of relationship between claimant and defendant?
c. Is it fair, just and reasonable to impose a duty?

Question 15

Brooks v Commissioner of Police for the Metropolis

Answer 15

Police do not owe a duty of care to individuals (only to public at large)

Question 16

Exceptions to Brooks v Commissioner rule

Answer 16

• Where police have assumed responsibility for someone or someone has been entrusted to their care
• May owe a duty of care to take action with reasonable care
• To keep ID of informants safe

Question 17

General rule for omissions

Answer 17

There is no liability for pure omissions, and you do not owe a duty to the world for doing nothing to prevent harm
(Stovin v Wise)

Question 18

East Suffolk Rivers Catchment Board

Answer 18

The omission rule applies if you decide to act despite no duty to do so, unless you make matters worse

Question 19

Home Office v Dorset Yacht

Answer 19

There is a duty to act positively in cases where a person has a special relationship of control over another