negligence - duty of care cases

Question 1

Donoghue V Stevenson

Answer 1

You owe a duty of care to anyone detrimentally affected by your act.
“The Neighbour Principle: Persons who are so close and directly affected by my act that I ought reasonably to have them in contemplation
- Lord Atkin

Question 2

Caparo V Dickman

Answer 2

Outlines current test for Duty of Care 1: Was damage or harm reasonably foreseeable, 2: Is there sufficient proximity (close) relationship between the claimant and defendant 3: It must be fair, just, and reasonable to impose a duty of care in the given situation.

Question 3

Robinson V Chief Constable of West Yorkshire

Answer 3

If there is precedent on point, it should be followed, and the duty of care is established accordingly

Question 4

Kent V Griffiths

Answer 4

Was the damage foreseeably by D at the time?

Question 5

Bourhill V Young

Answer 5

Proximity by time and space.

Question 6

Mcloughlin V O’Brian

Answer 6

Immediate aftermath- proximity by relationship

Question 7

Hill V Chief Constable of West Yorkshire

Answer 7

Is it fair, just and reasonable? Consider the floodgates of litigation.