Negligence (Duty Of Care)

Question 1

Donoghue v Stevenson (Neighbour Principle)

Answer 1

‘Owe all consumers a duty of care’ from this came the neighbour principle in which a duty is owed in 3 types of proximity.

Question 2

Caparo v Dickman (Caparo test)

Answer 2

Case established a three part test:

• harm must be reasonably foreseeable
• must be close in proximity
• it must be fjr to impose duty.

Question 3

Reasonably foreseeable

Answer 3

D must have seen the risk and if so tried to prevent it, shown in Kent v Griffiths.

Question 4

Proximity (time,space,relationship)

Answer 4

D and C must be close for a duty to be imposed, Bourhill v Young showed space, McLoughlin v O’Brien showed relationship.

Question 5

Fair, just, reasonable

Answer 5

Is it fair, we’re there any limits to liability, shown in Hill v Cc West Yorkshire.