Law of Tort

Question 1

Duty of Care

Answer 1

Caparo Test:

Fair, Just and Reasonable
Foreseeable
Sufficient Proximity

Question 2

Donoghue v Stevenson (1932)

Answer 2

Mrs Donoghue went to a cafe with a friend. She drank a bottle of ginger beer there which had a decomposing snail in it. She sued the manufacturers claiming they owed her a duty of care.

Question 3

Proximity

Answer 3

Hill v Chief Constable of South Yorkshire: unknown murder victim not sufficiently proximate

Osman v Ferguson: police knew of risk to specific victim so there was proximity

Question 4

Fair,Just and Reasonable

Answer 4

Capital & Countries plc v Hampshire County Council: fire officers told shop to turn off sprinklers despite being right next to the fire

Question 5

Reasonably Foreseeable

Answer 5

Kent v Griffiths: doctor called ambulance for asthma attack but ambulance failed to arrive in time without valid reason
reasonably foreseeable that claimant would suffer from failure of the ambulance to arrive

Question 6

Not Foreseeable

Answer 6

Topp v London Country Bus: driver left a bus unattended with key in ignition causing an accident in which the claimant was injured
damage was held not to be reasonable foreseeable

Question 7

Not Reasonably Foreseeable

Answer 7

Bourhill v Young: woman who heard an accident and saw blood on road after
Hill v Chief Constable of South Yorkshire Police: unknown murder victim not sufficiently proximate
Osman v Ferguson: where police knew of risk to specific victim there was proximity