Negligence- what is duty of care? Flashcards
what is the neighbour principle?
this is the principle established in the Donoghue v Stevenson (1932) case. The principle states that a duty of care is owed, by everyone to everyone (your neighbour), and that there is general liability in negligence.
what happened in the Donoghue v Stevenson (1932) case?
a snail was found at the bottom of a ginger ale bottle that had not been tampered with. At the end of this case the neighbour principle was established to state that you owe a duty of care to all you may encounter to do your best to prevent injury wherever possible.
what is the Caparo test?
This is the test established in the Caparo industries v Dickman and others (1990) case.
It is a 3 part test to establish whether or not a duty of care is owed.
what are the 3 stages in the Caparo test
the 3 stages are:
- reasonable foreseeability
- proximity between parties
- fair, just and reasonable
what is meant by reasonable foreseeability?
Can the reasonable person see that your actions may have caused damage or harm to someone? if so then you are liable.
This can be further explained by Kent v Griffiths (2000)-delayed ambulance
what is meant by proximity between the parties?
this is the relationship between the defendant and the claimant. it can also be said to be the space and time between the two. if the proximity between the parties is said to be sufficient then they are liable.
This can be further explained by McLoughlin v O’Brian (1983)-the car accident and the mother seeing the remains of her child.
what is meant by fair, just and reasonable?
Would the reasonable person say that it was fair, just and reasonable to impose a duty of care onto the defendant? if so then they are liable.
This can be further explained by Hill v Chief C of W Yorkshire (1990)- it isn’t fair, just or reasonable to impose a duty of care on the police to prevent a murder if they didn’t know who would be attacked.
