Q9 Theory of Tort Law Flashcards
1
Q
Why establish Duty of Care?
A
Establish legal relationship between C and D
Allows C to show D fell below standard
2
Q
Caparo 3 Part test
A
Reasonably foreseeable loss
Proximity between D and C
Fair just and reasonable
3
Q
Case that introduced 4 part test
A
( Robinson v Chief constable of west yorkshire police )
4
Q
What is reasoning by analogy
A
Applying past decisions and adopting step by step approach
5
Q
Why is this 4 part test better
A
To prevent floodgates opening
Law is more predictable, certain which agrees with rule of law
6
Q
In what situations do police owe a Duty of care
A
If their positive act causes physical damage or property damage which could be reasonably avoided.
7
Q
Case for duty of care owed to waiting patient
A
( Kent v Griffiths )
