Introduction Flashcards
0
Q
Caparo 3 part test;
- Was _____ or harm ______?
- Is there ______ between claimant and defendant?
- Is it ____, just & ______ to impose a duty of care?
A
Damage Foreseeable Proximity Fair Reasonable
1
Q
In _____ v _____ the ‘neighbour test’ was replaced by the _____ 3 part test.
A
Caparo v Dickman
Caparo
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.
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