Duty Of Care Negligence Flashcards
What is applied by the court when there is no precident?
The caparo test
What are the three elements of the caparo test?
Forseeability
Proximity
Fairness, justice and reasonable
What is the case that established the two stage test for duty?
Anns v Met Borough
What are the two steps for establishing duty?
Is there reasonable proximity so carelessness will cause harm
Are there any considerations to limit scope of duty
Which case established that ambulances have a duty of care?
Kent v Griffiths
Do the Police have a duty of care?
No DoC when damage is caused by a third party (Smith v Littlewoods)
What Police duties exist?
Witnesses and informants
Creation of danger
Give 3 examples of actionable damage for psychiatric harm.
Grief
Anxiety
Depression
What is the Alcock test for secondary victims?
R forseeability of psyc illness
Close R of love and affection
Witness accident or immediate aftermath
Sudden shock
What does the eggshell skull rule say?
Cant create a duty where none exists.
Plaintiff entitled to recover damages for all harm
Is there a duty for pure economic loss?
Not generally
What is pure economic loss?
Financial damage suffered as a result of the negligent loss, not accompanied by physical damage
What is relational economic loss?
Loss flowing from neg losses to the property of a third party
What is the Hedley Bryne test?
Special relationship
Voluntary assumption of responsibility
Reliance on advice
Was reliance reasonable
What’s important about the special relationship test in HB?
Cant arise in a social context
