negligence Flashcards
C may have an action against D in the
tort of negligence
C must prove that on the balance of probabilities D owned them a
duty of care D breached that duty and C’s damage was caused by the breach and was not too remote from it
Duty of care was first defined in
DONOGHUE v STEVENSON as you should avoid acts or omissions which you can reasonably foresee are likely to injure your neighbour
In CAPARO v DICKMAN a more restrictive 3 part test was established
D must show foresight Kent v Griffiths proximity Bourhill v Young Watson v BBBC and that it is fair just and reasonable to impose the duty Mitchell v Glasgow CC, Hill v CCWY. The Caparo rules should only be used in a novel case without and existing precedent
what case confirmed that there was no single definitive test for duty of care
2018 case of Robinson v Chief constable of west yorkshire police
in the first instance the court will look to apply an
existing precedent or statutory authority e.g Road Traffic act 1988
who specifically mentioned some cases where the caparo rules are not needed
Lord reed specifically mentioned some cases where the caparo rules are not needed hospital to patient Darnely v Croydon NHS trust motorist to other road user Sumner v Colborne and others. manufacter to consumer and employer to employee