duty of care -physical injury

Question 1

what did Caparo Industries PLC v Dickman conclude on duty of care?

Answer 1

looked to establish duties of care incrementally and by analogy with established precedent
in entirely novel situations three considerations were taken into account

Question 2

what are the three considerations taken into account in entirely novel situations in line with Caparo?

Answer 2

foreseeability of damage
proximity of relationship
is it fair, just and reasonable to impose a duty?

Question 3

how is foreseeability shown? - Caparo

Answer 3

the claimant must show that at the time of the defendant’s negligent act, it was foreseeable that some damage to that particular claimant would result

Question 4

what does proximity mean? - Caparo

Answer 4

a relationship between two parties where it is fair and reasonable that one should owe the other a duty of care