NEGLIGENCE - DUTY OF CARE Flashcards
Who defines duty of care?
Lord Atkin
what principle is the duty of care definition under?
the neighbour principle
which case is duty of care defined in?
Donoghue v Stevenson
What is the definition of duty of care?
A duty of care is owed to another if it is reasonably foreseeable that there would be an injury by the defendant’s act or omission.
which case is the 3 part test established in?
Caparo Industries v Dickman [1990]
What are the 3 criteria of the 3 part test?
- is the risk/damage/shock reasonably foreseeable (as a possible result needs protecting against)
- The proximity between C and D (in time and space)
- fair, just and reasonable to impose a duty of care
1.) reasonable foreseeability - not foreseeable
Bourhill v Young
- the shock Mrs Bourhill experienced was not reasonably foreseeable. The motorcyclist did not owe her a duty of care
1.) reasonable foreseeability - foreseeable
Kent v Griffiths
it was reasonable that the claimant could suffer harm if the ambulance was late, and so the defendant owed the claimant a duty of care.
2.) proximity - definition
Lord Nicholls in STOUIN V WISE
“proximity … is a convenient shorthand for a relationship between two parties which makes it fair and reasonable that they should owe each other a duty of care.”
3.) fair, just and reasonable to impose a duty of care - definition
duty can be owed by a public body if positive act makes the situation worse
3.) fair, just and reasonable - case law
Capital and Counties v Hampshire
- although it usually is not fair to impose a duty of care on the fire service, in this case, their positive act of turning the sprinklers off exacerbated the situation. Therefore, D owed a duty of care.
