Negligence 1: Duty of Care Flashcards
What did Winterbottom VS Wright (1842) establish? Give another case example.
Only those who are party to a contract can enforce it.
Heaven VS Pender (1883)
Duty of Care was first defined by ______ ______ in __________ (____).
Duty of care was first defined by Lord Atkin in Donoghue VS Stevenson (1932).
What is the neighbour principle that ______ ______ made?
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour”
Who classes as a neighbour?
Anybody who might potentially be injured by a person’s act or omission.
The neighbour principle was used until it was replaced by what?
The neighbour principle was used until it was replaced by the more restrictive 3 part test for duty of care established in Caparo Industries VS Dickman (1990).
What case established the 3 part test for duty of care?
Caparo Industries VS Dickman (1990).
What is the 3 part test known as?
The Caparo Rules.
When are the Caparo Rules used?
In novel situations.
What is the first test in the Caparo Rules? Give another case example.
Firstly, was some damage to the claimant reasonably foreseeable?
Kent VS Griffiths.
What is the second test in the Caparo Rules? Give 2 case examples.
Secondly, was the relationship between the claimant and defendant sufficiently proximate, either physically through time and space or due to a relationship of responsibility?
Bourhill VS Young.
Watson VS British Board of Boxing Control.
What is the third test in the Caparo Rules? Give 3 case examples.
Thirdly, was it fair, just and reasonable to impose a duty of cate between the claimant and the defendant?
Robinson VS Chief Constable of West Yorkshire.
Mitchell VS Glasgow CC.
Hill VS Chief Constable of West Yorkshire.
What did Robinson VS Chief Constable of West Yorkshire Police confirm?
There is no single definitive test for duty of care. In the first instance the court will look to apply an existing precedent or statutory authority.
What case demonstrated the Caparo Rules should only be used in “Novel Cases”?
James-Bowen VS Commissioner of Police of the Metropolis.
Who specifically mentioned some well established examples of a duty of care, where the Caparo Rules are not needed?
Lord Reed.
What are some examples of well established examples of a duty of care? Give 2 case examples.
Doctor-Patient, Employer-Employee, Motorist-Other road user, Carer-Person in need of care.
Darnley VS Croydon NHS Trust.
Sumner VS Colborne and Others.
