Tort- Duty Of Care Flashcards
0
Q
1st part
A
Was the damage suffered by C reasonably foreseeable?
Kent v Griffiths
The damage suffered by C when the ambulance arrived late was reasonably foreseeable
1
Q
3 part test
A
Caparo v Dickman
2
Q
2nd part
A
Was there enough proximity between D and C?
McLoughlin v O’Brien
There was proximity in relationship between D and C
3
Q
3rd part
A
Is it fair to impose a duty of care on D?
Barrett v MOD
It was not fair to impose a duty of care on the Navy for an off duty soldier
4
Q
Principal
A
Comes from Donoghue v Stevenson
Lord Atkin “Neighbour Principle”
