Establishing Duty Flashcards
What is the neighbourhood principle?
Taking precuations against reasonable and foreseeable harm that could come to those closely and directly effected by your acts or omissions.
What is Hedley Burn duty of care?
D owes P a duty of care if:
- P seeks statement from D and;
- D has undertaken responsibility for the accuracy of the statement.
- D knew or ought to have known that P would rely on that statement
What is the three fold test in Capparo?
- Damage must be foreseeable
- Relationship between the parties must be sufficiently proximate
- It must be fair just and reasonable to impose a duty of care
When should Capparo be applied?
In novel cases when there is no direct or analogous precedent
Why was Capparo deemed necessary in light of Hedley Burn?
It limited the potential for parties to suffer indeterminate liability.
‘unwarranted entilement to appropriate for their own purpose and benefit the expert knoweldge attributed to the maker of the statement’.
How do the different requirements in Capparo overlap?
The more proximate you are the more foreseeable damage will become and vice versa. Level of proximity is judged by the courts (car crash v PEL) so theres always questions of fair just and reasonableness.
What case accepted the principle of Hedley Burn in Scotland?
Grant Estate Ltd v RBS
Which recent case fell on the issues of proximity. Specifically on the fact that D would not have reasonably expected P to rely on her advice?
Steel v NRAM Ltd
Which case stated that there was not sufficient proximity between a company supplying products and a third parties property being damaged?
Renfrew GC v Motocaddy Ltd
Which Scottish case confirms Capparo into Scots law?
Mitchell v Glasgow City Council
What did the Mitchell case confirm?
It was not fair just and reasonable to impose a duty on D to protect P from suffering harm from a third party. Even if it was foreseeable.
What case confirms that Capparo should be limited to novel cases?
Robinson v Chief constable of West Yorkshire (women fallen on by police in chase).
