Law of Tort- Duty of Care

Question 1

What is an injunction?

Answer 1

An injunction is a court order that stops somebody from doing something or forces somebody to do something. Not following an injunction is a criminal offence.

Question 2

How is a loss in tort defined?

Answer 2

Personal injury
Loss of money
Damage to property
Physical or psychiatric injury.

Question 3

What is strict liability?

Answer 3

A civil action where the fault of the defendant doesn’t need to be proven.

Question 4

What was established in Donoghue v Stevenson?

Answer 4

Stevenson was found liable and Lord Atkin established the neighbour test.
Also, foundations of duty of care and modern negligence was laid

Question 5

What is the neighbour test?

Answer 5

the following principles should be established:
- Reasonable foresight of harm
- Proximity of relationship

Question 6

What is the principle in Topp v London Country Bus?

Answer 6

It was held that the bus company did not owe a duty as it was not reasonably foreseeable that this would happen.

Question 7

What is the principle in Home Office v Dorset Yacht Company?

Answer 7

It was held that the Home Office was liable and owed a duty of care due to their position of control and that it is reasonably foreseeable that harm would occur.

Question 8

What is an omission?

Answer 8

A failure to act.

Question 9

What is the principle in Kent v Giffiths?

Answer 9

Lord Woolf ruled that the ambulance service owed a duty of care and could foresee further injury when not providing an ambulance.

Question 10

What is the principle in Bourhill v Young?

Answer 10

It was held that no duty of care was owed as there wasn’t sufficient proximity when the incident occurred.

Question 11

What is the Anns v Merton LBC two stage test?

Answer 11

• Is the loss reasonably foreseeable and was there a relationship of proximity?
• The defendant may put forward a policy consideration to negate liability (to stop the floodgates from being opened).

Question 12

What test overruled the Anns v Merton two stage test?

Answer 12

The Caparo Test.

Question 13

Who established the Anns v Merton two stage test?

Answer 13

Lord Wilberforce.

Question 14

What is the principle in Caparo v Dickman?

Answer 14

The House of Lords ruled that no duty of care was owed due to there not being sufficient proximity as the auditors were not aware of Caparo.

Question 15

What is the Caparo test?

Answer 15

• Reasonable foresight of harm.
• Proximity of relationship.
• Fair, just and reasonable to impose a duty.

Question 16

Who established the Caparo test?

Answer 16

Lord Bridge.

Question 17

What is the principle in Mcloughlin v O’Brien?

Answer 17

The House of Lords ruled that the lorry driver at fault of the incident owed a duty of care as Mrs. Mcloughlin was proximate enough to the events.

Question 18

What is the principle in Hill v Chief Constable of West Yorkshire?

Answer 18

Lord Keith ruled that no duty was owed due to it not being fair, just and reasonable to impose a duty.

Question 19

What is the principle in Robinson v Chief Constable of West Yorkshire?

Answer 19

A trial judge dismissed the case on the grounds of ‘fair, just and reasonable to impose a duty.

The Supreme Court ruled that a duty was owed as there was already an established ground of liability, personal injury. If this is the case, the third stage of the caparo test is not needed.