A duty of care has been owed

Created by: Tim
Created on: 12-01-10 18:48

The old test for a duty of care is from the 'Neighbour Principle' quoted by Lord Atkin from the case...

Donoghue v Stevenson (1932)

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The 'Neighbour Principle' quoted by Lord Atkin states:

You must take reasonable care to avoid acts or omissions which you can reasonably forsee would be likely to injure your neighbour.

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Later on there was test with added alterations from the Neighbour principle by Lord Wilberforce called the '2 stage test of Ann's'. From which case does this come from?

Anns v Merlon london Borough (1978)

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This was later amended again by a group of judges for the case

Caparo v Dickman (1990)

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The current test for a duty of care is the ...

3 Stage Test of Caparo

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A duty of care has been owed is the "..." stage of negligence

1st

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The first stage test of caparo is "was damage or harm reasonably forseeable?" this means ...

was it reasonably forseeable that the claimant could suffer harm or damage as a result of the defendant's act or omission.

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Cases where it was reasonably forseeable

Kent v Griffiths, Jolley v Sutton London Borough Council

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Cases where it wasn't reasonably forseeable

Bourhill v Young, Topp v London County Bus Ltd

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The second stage of Caparo is "was there a proximate relationship between the parties?" This means ...

Does the defendant's act, or failure to act directly affect the claimant, and therefore, should they be mindful of the claimant when they are doing what they are doing?

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The third stage of caparo is " is it fair, just and reasonable to impose a duty of care? This means...

is it good for society to impose a duty of care or will it open the 'floodgates' to lots of unmerited claims (bad claims) ?

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The courts are reluctant to impose a duty of care on '................' as it may prevent them from doing their jobs out of fear of being sued.

Barristers/ Solicitors

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The courts however will impose a duty of care if they...

substantially increase the risk or harm or damages; or create a new risk.

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Other cards in this set

Card 2

Front

The 'Neighbour Principle' quoted by Lord Atkin states:

Back

You must take reasonable care to avoid acts or omissions which you can reasonably forsee would be likely to injure your neighbour.

Card 3

Front

Later on there was test with added alterations from the Neighbour principle by Lord Wilberforce called the '2 stage test of Ann's'. From which case does this come from?

Back

Card 4

Front

This was later amended again by a group of judges for the case

Back

Card 5

Front

The current test for a duty of care is the ...

Back

View more cards

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A duty of care has been owed