Introduction and Duty of Care Flashcards
What is the starting point when determining if a duty of care is owed?
Check precedents. Use the Caparo approach (objective foreseeability of harm, proximity between the C and D and the fair, just and reasonable test - social, political, economic and societal impacts). Develop the scope of duty of care incrementally, by analogy with established authorities
What are some examples of policy considerations?
Floodgates, insurance, crushing liability, deterrence, high standards and defensive practices
What are some common examples of where there is an established precedent?
Duty of care between road users and other road users, doctor and patient and police and public
What are the exceptions to the general rule that no duty is owed to avoid omissions?
Where there is a statutory duty, a contractual duty, where the D has sufficient control over the C, where the D assumes responsibility for the C and where the D creates the risk
What is the relationship between a duty of care and omissions in the ambulance service?
They owe a duty of care to respond to emergency calls within a reasonable time
What is the relationship between a duty of care and omissions in the fire brigade service?
No duty to attend a fire but if they do, they owe a duty not to make the situation worse through a positive act
What is the relationship between a duty of care and omissions in the police?
No duty to respond to emergency calls
What are the exceptions to the general rule that no duty is owed for failing to prevent a third party from causing harm?
Where there is sufficient proximity between the D and the C (e.g. a contractual relationship), there is sufficient proximity between the D and the third party, the D created the danger and where the risk was on the D’s premises
How is sufficient proximity between the D and the C established?
Where the C is an identifiable victim at risk over and above the public at large and the D assumed responsibility for the C’s safety
What is the duty of care owed by the D where the risk is on the D’s premises?
To take reasonable steps to eradicate or diminish the known danger
Do the army owe a duty of care to soldiers during battle conditions?
No
Provide some examples of where there was a duty of care imposed on a public authority despite the action being an omission
Camp commander organising a night out but failing to provide suitable transport and supervision on the way back
