Negligence: Duty of Care

Question 1

The law of Negligence stems from which case?

Answer 1

Donoghue v Stevenson

Question 2

In Donoghue v Stevenson, Lord Atkin created the neighbour principle. What does this mean?

Answer 2

You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.

Question 3

Who then, in law, is my neighbour?

Answer 3

Persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.

Question 4

Which case created the 3 part test?

Answer 4

Caparo v Dickman

Question 5

What three criteria need to be proved in order to establish a duty of care using the Caparo 3 part test?

Answer 5

1. Was the damage or injury reasonably foreseeable?
2. Was there sufficient proximity between the claimant and defendant?
3. Is it fair, just and reasonable to impose a duty of care?

Question 6

Give a case to explain reasonably foreseeable.

Answer 6

Langley v Dray

Question 7

Give a case to explain sufficient proximity.

Answer 7

Bourhill v Young

Question 8

Give a case example of when it was not fair, just and reasonable to impose a duty of care.

Answer 8

Mulcahy v MOD
OR
Capital Counties PLC v Hampshire CC

Question 9

Which case gives the most recent clarification on how to establish a duty of care?

Answer 9

Robinson v Chief Constable of West Yorkshire Police

Question 10

Robinson states that the Caparo 3 part test does not need to be used in what circumstances?

Answer 10

1. A statutory duty exists
2. There is a recognised duty or precedent
3. The courts can reason by analogy