AQA LAW4 duty of care notes

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  • Created on: 07-06-13 19:41
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To establish liability you must establish:
1. A duty of care owed by the defendant to the claimant
2. The defendant breached that duty
3. As a result the claimant suffered loss of damage
Originated in Donoghue v Stevenson, Lord Atkin asked `why is my
neighbour?' and answered that it's `people who are so closely and directly
affected by my act that I ought reasonably to have them in my contemplation
as being so affected'
Caparo and Dickman said that no general principle applied to all cases and the
courts must establish:
1. Was the loss to the claimant foreseeable?
2. Was there sufficient proximity between parties?
3. Is it fair, just and reasonable to impose a duty of care?
Must be foreseeable that the defendant's act or omission will cause harm.
Means closeness; the closer you are to someone the more foreseeable it is
that you could harm them. Proximity can be both physical and legal.
Fair, just and reasonable
This is a matter of public policy. The court looks at what's best for society as a
whole ­ actions against police, hospitals, rescue services and
local councils may fail on this point.
Police ­ Hill v Chief Constable of West Yorkshire
Local Authority ­ Sandhar v Department of Transport (2004)


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