Introduction and Duty of Care Flashcards

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1
Q

What is the starting point when determining if a duty of care is owed?

A

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

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2
Q

What are some examples of policy considerations?

A

Floodgates, insurance, crushing liability, deterrence, high standards and defensive practices

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3
Q

What are some common examples of where there is an established precedent?

A

Duty of care between road users and other road users, doctor and patient and police and public

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4
Q

What are the exceptions to the general rule that no duty is owed to avoid omissions?

A

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

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5
Q

What is the relationship between a duty of care and omissions in the ambulance service?

A

They owe a duty of care to respond to emergency calls within a reasonable time

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6
Q

What is the relationship between a duty of care and omissions in the fire brigade service?

A

No duty to attend a fire but if they do, they owe a duty not to make the situation worse through a positive act

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7
Q

What is the relationship between a duty of care and omissions in the police?

A

No duty to respond to emergency calls

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8
Q

What are the exceptions to the general rule that no duty is owed for failing to prevent a third party from causing harm?

A

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

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9
Q

How is sufficient proximity between the D and the C established?

A

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

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10
Q

What is the duty of care owed by the D where the risk is on the D’s premises?

A

To take reasonable steps to eradicate or diminish the known danger

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11
Q

Do the army owe a duty of care to soldiers during battle conditions?

A

No

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12
Q

Provide some examples of where there was a duty of care imposed on a public authority despite the action being an omission

A

Camp commander organising a night out but failing to provide suitable transport and supervision on the way back

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