Tort - General Negligence - Duty of Care Cases Flashcards
Baker v Hopkins
Established duties of care - rescuers
Where a defendant’s actions have created a dangerous situation so that it is reasonably foreseeable that someone may attempt a rescue, the defendant owes a duty of care to the rescuer.
Nettleship v Weston
Established duties of care - drivers
Drivers owe a duty of care to pedestrians and passengers
No allowance made for experience of driver.
London Passenger Transport Board v Upson
Established duties of care - drivers
Road users owe a duty of care to other road users
Kent v Griffiths
Established duties of care - Ambulance service
Ambulance services owe a duty of care to emergency callers once the request has been accepted.
Barrett v Ministry of Defence
Drunk army person died
Once one person has assumed a responsibility over another person, a duty of care will be owed to that person.
Bourhill v Young
Miscarriage from shock of seeing traffic accident
Where it is not foreseeable that D’s actions will affect C, not duty of care owed despite negligence
Donoghue v Stevenson
Ginger beer case
Individuals must abide by the ‘neighbour principle’ - must take reasonable care to avoid acts or omissions which you can reasonably foresee causing harm neighbour
Manufacturer’s liability for defective products - owes customer a duty of care
Hill v Chief Constable of West Yorkshire
Police failure to capture murderer
Police owe a duty of care to the public at large, not to an individual.
Brooks v Commissioner of Metropolitan police
No duty of care owed by police to individuals.
Osman v UK
Stalker turned killer
English courts: Police owe no duty of care to individuals
ECHR: A positive obligation to prevent death arises where authority knew, or ought to have known, of the existence of a real and immediate risk to life.
Kirkman v Chief Constable of Greater Manchester
Police will owe a duty of care to an individual where there is a close proximity e.g. when individual is incarcerated
Defence of consent does not apply where claimant is not of sound mind.
Swinney v Chief Constable of Northumbira Police
Duty of care to informants
Once police accept information from informants, knowing of its confidential and sensitive nature, they have assumed a responsibility to deal with the information in an appropriate manner and owe informants a duty of care.
Stovin v Wise
Highway authority failing to sort out a dangerous road junction
There is no liability for omissions, no duty owed to the world.
East Suffolk Rivers Catchment Board v Kent and Another
Flooded land - delayed barriers
If a person decides to act where they had no duty to do so, no duty will be owed unless they make the situation worse.
Caparo Industries plc v Dickman
Duty of care - three stage test
- damage reasonably foreseeable
- proximity between C and D
- “Fair just and reasonable” to impose a duty
