Duty of Care
- Created by: Shannon Cunningham
- Created on: 14-04-14 11:25
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- Duty of Care
- Definition
- Lord Atkin established the 'neighbour principle' in Donoghue V Stevenson as the test for deciding the existence of duty of care.
- The courts use the three-part test which was established in Caparo V Dickman
- 1. Harm is reasonably foreseeable
- The first part is whether harm is reasonably forseeable
- In Bourhill V Young, it was not foreseeable that a pregnant woman who heard a motorbike crash would suffer a miscarriage from shock.
- 2. Proximity
- There must be proximity between the D and the V. It can either be physical, same place or through a relationaship
- In McLoughlin V O'Brian, there was sufficient proximity between the lorry driver and the C.
- 3. Fair, just and Reasonable
- It must be fair, just and reasonable to impose a duty of care. In many cases it usually is unless there is a public policy reason not to.
- In Hill V CC West Yorkshire, the court decided it wouldn't be fair for the police to owe a duty of care to all victims of the crime.
- Definition
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