Introduction Flashcards

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0
Q

Caparo 3 part test;

  1. Was _____ or harm ______?
  2. Is there ______ between claimant and defendant?
  3. Is it ____, just & ______ to impose a duty of care?
A
Damage
Foreseeable
Proximity 
Fair
Reasonable
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1
Q

In _____ v _____ the ‘neighbour test’ was replaced by the _____ 3 part test.

A

Caparo v Dickman

Caparo

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2
Q

What was held in Donoghue v Stevenson?

A

You must take reasonable care to avoid acts or omissions, which you can reasonably foresee would be likely to injure your neighbour.

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3
Q

Mrs Donoghue has some ginger beer. When she finished the bottle it was found to contain a decomposed snail. Mrs Donughue became ill through consumed contaminated ginger beer. She sued the manufactures claiming they owed her a duty of care. What case was this?

A

Donoghue v Stevenson

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