ELS-Theory of tort law-Public policy factors governing the imposition of a duty of care in negligence Flashcards
What originally set out whether a duty of care was established?
Lord Atkin’s neighbour test in Donoghue v Stevenson (1932)
In recent time, what is the court required to use to decide whether a duty of care is established?
Three-stage test from Caparo v Dickman (1990)
The court can usually decide whether a DoC exists without an issue, however in unfamiliar situations base it on the Caparo tests as in what case?
Watson v British Boxing Board of Control (2000)
Facts of Watson.
Boxer Michael Watson injured in a fight.
Argued that if proper medical facilities had been provided at ringside, his injuries would be less severe.
CoA decided, using Caparo tests, the Board owed him a DoC as the body responsible for licensing professional boxing.
In what situations will the DoC not, sometimes, be present due to the third Caparo test not being met?
The Police
Fire service
Case for where the police had immunity from a DoC due to the third Caparo test.
Hill v Chief Constable of West Yorkshire (1988)
Facts of Hill
HoL refused on policy grounds to impose a DoC on the police to the mother of the Yorkshire Ripper’s last victim.
They had already interviewed and released the killer before he killed again.
Case for precedent regarding police and 3rd Caparo test seems to have recently been modified.
Robinson v Chief Constable of West YorKshire (2018)
Facts of Robinson.
2 policemen had violent struggle with suspect.
Knocked over nearby elderly lade (C).
She made a claim.
Court rejected police’s claim that, since Hill, they had complete immunity from liability for the tort of negligence.
Principle of immunity for police coming from Robinson.
Immunity is in respect to harm caused by negligent investigation of crime and not other aspects of negligence.
Give an example of where in many circumstances the fire service is exempt from liability on policy grounds.
If they fail to attend a fire because they are on another call or if they got lost on their way.
In what situation will the fire service not be exempt form liability on policy grounds?
If they have taken action at a fire which fails to deal with the situation.
Case for where the fire service were not exempt from liability on policy grounds.
Capital and Counties plc v Hampshire County Council (1997)
Facts of Capital and Counties plc.
When they turned off a sprinkler system allowing a fire to get out of control.
Which case shows that the ambulance service is not protected from claims in the same way as other emergency services?
Kent v Griffiths (2000)
