as law - unit 2 - civil liability - Duty of care (what and how)

Revision cards on;

  • What is a duty of care?
  • How do we know if it's owed?
  • Caparo 3 part test
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Duty of care - what is it ?

A duty of care is what is owed between 2 members of society. It is basically a duty to ensure the others around you are not negativly effected by your acts or omissions.

Donaghue v Stevenson (1928) - Snail in bottle of ginger beer.

The neighbour princple was result of speech by Lord Aitkin while delievring verdict of this case;

  • "Must take reasonable care ot avoid acts or omissions which you can resonably foresee would likely injure your neighbour"
  • Your neighbour is - "persons who are so closely and directly affected by your act that you should reasonably have them in contemplation as being affected when directing your mind to the acts or omissions"

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Caparo 3 part test

We use the Caparo 3 part test to help the courts decide if it is fair just and reasonable to impose a duty of care. 

The caparo 3 part test is the result of the case of;

Caparo v Dickman (1990) - Investor lost money in a company and blaimed auditors as they had produced inaccurate accounts. 

Caparo 3 part test 

  • Is the loss foreseeable? - Kent v Grifiths 
  • Is there sufficient proximity, space, relationship. - Bourhill v young 
  • Is it fair just and reasonable to impose a duty of care? - Reeves v MPC

You need a YES to all parts of the test then a duty of care is owed !

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Definition of negligence

Negligence was outlined in the case of Blyth v Birmingham waterworks co

Negligence - ' the omission to do something which a reasonable man, guided upon those considerations, which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would no do'

This definition put forward to idea of the reasonable man at the centre of negligence.

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