negligence: duty of care

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  • Created by: emma
  • Created on: 29-03-13 15:33
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  • Negligence: Duty of care
    • Donoghue v Stevenson
      • requires the existence of a duty of care
        • not too remote a consequence of the breach
          • Lord Atkin- no contract needed
      • 3 -part test
        • duty owed to the defendant
          • falling below the standard appropriate
            • 'neigbour principle'
          • not too remote
    • Anns
      • two-part test
        • sufficient proximity
        • policy reason to prevent it
    • Murphy
      • Untitled
    • Caparo
      • new three part test
      • is there proximity?
        • is the damage foreseeable?
        • is it just and reasonable to impose
    • Policy consideration
      • played a part in whether to impose a duty
        • floodgates
          • conflict with superior priciple
            • Untitled
      • immunity of the police from fail to prevent crime
        • Hill v Chief Constable of West Yorkshire
        • impose a duty on public authorities for non-feasance
          • phelps v Hillington BC
    • Definition
      • do not use skill and care would cause injury
        • Person or property
  • not too remote a consequence of the breach
    • Lord Atkin- no contract needed
  • 'neigbour principle'
  • policy reason to prevent it

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