Duty of care (tort) Flashcards
What are the basic principle of tort of negligence
These are civil wrongs that are caused by careless behaviour, that demand damages and compensation to be made
What was the first definition of the neighbour principle
The principle was set up in Donoghue v Stevenson it stated that you must avoid acts or omissions that you can reasonably foresee will cause harm to your neighbour
Who is you neighbour
Anyone who you can reasonably foresee will be affected by your actions
Why was a new three part test developed and what case did it originate from
It originated from the case of Caparo v Dickman and it is known as the Caparo three part test
The three part test is used to establish what?
To establish a duty of care
What are the three parts of this test
- Was the damage reasonably foreseeable
- Was there sufficient proximity
- Is it fair, just and reasonable to impose a duty
State and explain and example of where damage is reasonably foreseeable
In the case of Jolly v Sutton borough council it was easily foreseeable that boys would try and fix an old boat and be damaged by it
What does it mean by sufficient proximity
This is when the claimant is sufficiently close to defendant in terms or relationship or proximity
Explain why it might be fair just and reasonable to impose a duty
This is to do with the social utility of the claim, sometimes it wouldn’t be beneficial for society to impost a duty of care. This was seen in the case of Alcock
