AS Law02 - Tort - Duty of Care

includes:

  • what is negligence?
  • what is duty of care?
  • 3 part caparo test
HideShow resource information
  • Created by: Henry Ng
  • Created on: 29-05-12 17:47

What is Negligence?

THE OMISSION TO DO SOMETHING WHICH THE PRUDENT AND REASONABLE MAN WOULD NOT DO!

BLYTH V BIRMINGHAM WATERWORKS CO.

BARON ALDERSON!

1 of 3

Duty of Care

  • What is owed between 2 members of society if an act or omission is carried out; this is used to avoid any negative outcomes of such events.
  • Donoghue v Stevenson 1928 (snail in a bottle)
    • neighbour principle; Lord Atkin
      • "must take reasonable care to avoid acts or omissions which yoou can reasonably foresee would likely injure youre neighbour"
      • Neighbour - " person who are so closely and directly affected by your act..."
  • Courts no longer use neighbour principle to prove duty of care!
    • Now use  3 part caparo test (Caparo V Dickman 1990)
      • is it fair, just and reasonable to impose a duty of care?
2 of 3

3 Part Caparo Test

Caparo v Dickman 1990 (inaccurate audit accounts led to large losses in company investments)

  • Foreseeability - is it foreseeable by the D that V would suffer a loss?
    • Kent v Griffiths 2000 (delayed ambulance when called 999)
      • waiting for an ambulance when its delayed; one can reasonably foresee further injury
  • Proximity - is there sufficient proximity; time, space or relationship
    • Bourhill v Young 1943 - proximity via relationship due to miscarriage of her child, she was not in sufficient space proximity of the tram accident.
    • McLoughlin v O'Brien 1983 - proximity through relationship due to the shock suffered from seeing her family post car crash, V was not in the crash itself.
  • Reasonableness - is it fair, just and reasonable to impose duty of care
    • Hill V CCWY 1988 (yorkshire ripper) unfair to impose for potential victims due to event not having occured and magnitude was too great.
    • MPC v Reeves 2001 (suicide in prison) - known suicide risk - not fair
    • Orange v CCWY 2001 (suicide in prison) not known risk - fair
3 of 3

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Law of Tort resources »