Establishing a duty of care Flashcards
Explain the neighbourhood principle as established by Donoghue v Stevenson
A duty of care can be established based on the reasonable foreseeability of harm to the pursuer and the proximity of the relationship between D and P.
What is the Lord Atkin’s quote about the foreseeability of harm?(neighbourhood principle)
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour
What is Lord Atkin’s quote about the necessary proximity between D and P?
(neighbourhood principle)
Who, then, in law, is my neighbour? The answer seems to be – the person so closely and directly affected by my act that I ought reasonably to have them in contemplation when I am directing my mind to the acts or omissions which are called in question
What case sets out the ‘fair, just and reasonable’ test?
Caparo industries v Dickman
What case changed the application of the Caparo test? And what was its legal rule?
Robinson v Chief Constable of West Yorkshire
It decided that the caparo test shall only be applied in a novel situation. Non-novel situations will be subject to established principles of negligence.
What is meant by ‘the duty of care as a threshold device’?
the widening or narrowing of the scope of the duty of care
PEL: MacDonald v FIFA legal rule
Pure economic loss generally cannot be recovered for
PEL: Hedley Byrne v Heller legal rule
When D makes a statement from a position of expertise and takes responsibility for the advice given - they could be liable for PEL
PEL: Twomax v Dickson legal rule
accepted Hedley Byrne v Heller into Scots law
Playboy club v Banca Nazionale legal rule
The relationship between advising party and the party receiving advise has to be something akin to contract - to the point that D knows their advice is being relied upon - for D to be liable for PEL
PI: Mitchell v Glasgow City Council legal rule
the duty to prevent harm caused to P by a third party can only be claimed for when there has been an assumption of responsibility to do so
PV and SV: Reavis v Clan line steamers legal rule
only primary victims can recover for loss - subject to exceptions in nervous shock cases
