Week 9 - Duty of Care

Question 1

What three things need to be proven in stage 1 - duty of care?

Answer 1

• there was a proximity of relationship (neighbour)
• that was foreseeability of loss
• whether it is fair, just and reasonable to impose the duty

Question 2

Do you need to have met a person before to have a close proximity of relationship with them?

Answer 2

No

Question 3

Define proximity

Answer 3

The closeness of relationship between the parties that creates the duty of care

Question 4

In cases that are not novel, what is the duty of care classed as?

Answer 4

Already established