General Negligence-Duty of care

Question 1

Tests to establish whether the D is liable.

Answer 1

Duty of care
Breach of the duty
Factual causation
Damage is not too remote
Absence of a defence

Question 2

Case for neighbour principle.

Answer 2

Donoghue v Stevenson (1932)

Question 3

Define the neighbour principle

Answer 3

You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Your neighbours are any persons who are so closely and directly affected by your actions that you ought to reasonably have them in contemplation.

Question 4

Case for more tripartite tests.

Answer 4

Caparo v Dickman (1990)

Question 5

According to Caparo v Dickman (1990), when does a duty of care exist?

Answer 5

1. Reasonably foreseeable that a person in the C’s position would be injured
2. Sufficient proximity between the 2 parties
3. Fair, just and reasonable to impose liability on the D

Question 6

Expand on the first tripartite test.

Answer 6

Objective test
Would a reasonable person in the D’s position have foreseen that someone in the claimant’s position might be injured?

Question 7

Case for foreseeability test.

Answer 7

Kent v Griffiths (2001)-ambulance 40 mins

Question 8

Expand on the proximity test.

Answer 8

Defines as closeness.
The D must have proximity to the C in time and space or, if not, then in relationship

Question 9

Cases for proximity.

Answer 9

Bourhill v Young (1943)
McLoughlin v O’Brien (1983)

Question 10

Facts of McLoughlin v O’Brien (1983)

Answer 10

family members in accident, proximity in relationship

Question 11

Facts of Bourhill v Young (1943)

Answer 11

no proximity, lady voluntarily checked crash

Question 12

What does the fair, just and reasonable test actually mean?

Answer 12

Would it be in the public interest to impose a duty of care in these circumstances?

Question 13

What are the 2 policy concerns which mean that it might not be in the public interest to impose a duty of care on the D?

Answer 13

1. Where it would “open the floodgates” to excessive litigation
2. Where imposing a Doc would make it difficult for the public sector workers to do their job

Question 14

Case for fair, just and reasonable test.

Answer 14

Hill v Chief Constable of West Yorkshire (1988) -Yorkshire ripper