Negligence (Duty Of Care)

Question 1

What must C prove in a negligence claim regarding duty?

Answer 1

C must prove D owed 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.

Question 2

What case first considered the duty of care?

Answer 2

The duty of care was first considered in Winterbottom v Wright and Heaven v Pender in 1883.

Question 3

How was the duty of care defined in Donoghue v Stevenson?

Answer 3

It was defined as ‘you should take care to avoid acts and omissions which you can reasonably foresee are likely to injure your neighbour’.

Question 4

What is the Caparo test?

Answer 4

The Caparo test is a 3-part test that includes foresight, proximity, and whether it is fair, just, and reasonable to impose the duty.

Question 5

When should the Caparo Rules be applied?

Answer 5

The Caparo Rules should be used in a ‘novel case’, without an existing precedent.

Question 6

What did the 2018 case of Robinson v West Yorkshire Police confirm?

Answer 6

It confirmed that there is no single definitive test for duty of care.

Question 7

What should the court look for in the first instance regarding duty of care?

Answer 7

The court will look to apply an existing precedent or statutory authority.

Question 8

Which cases did Lord Reed mention where Caparo Rules are not needed?

Answer 8

Cases include hospital to patient (Darnley v Croydon NHS Trust), motorist to other road user (Sumner v Colborne and Others), manufacturer to consumer, and employer to employee.

Question 9

What is the conclusion regarding duty of care in established precedent cases?

Answer 9

In established precedent cases, there is no need to apply the Caparo Rules and there will be a duty of care between C and D.