Duty of Care

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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.


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