You owe a duty of care to anyone who could be affected by your actions.
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3 Part Test: Foreseeability
Is it foreseeable that someone could be injured in those circumstances?
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3 Part Test: Proximity
Is there proximity in terms of time, space or relationship?
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3 Part Test: Fair, Just & Reasonable
Is it fair, just and reasonable to impose a duty?
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Donoghue v Stevenson (1932)
Snail in the ginger beer case. Atkin made a famous statement that made clear that there could be liabaility without a contract.
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Bourhill v Young (1943)
C got off a tram and saw a motocycle collision. She was not hurt but the shock of seeing this caused her to miscarry. However there was NO duty of care as she was in a safe place when the accident happened and she saw it happen voluntarily.
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Hill v Chief Constable of West Yorkshire (2001)
Mother was last victim of the Yorkshire Ripper. She alleged negligence against the police as they has already interviewed and released the killer before he killed the last victim. There was NO duty because: Lack of proximity, andf Public Policy.
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Kent v Griffiths (2000)
Ambulance service DID owe a duty of care as it is reasonably foreseeable that an injured person may become more injured if the ambulance took a long time to arrive, or not arrive at all.
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Caparo v Dickman (1990)
Investor lost money in a company and attempted to sue the auditors for producing inaccurate accounts. This case decided that the creation of the 3-Part Test should be used.
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Other cards in this set
Card 2
Front
Is it foreseeable that someone could be injured in those circumstances?
Back
3 Part Test: Foreseeability
Card 3
Front
Is there proximity in terms of time, space or relationship?
Back
Card 4
Front
Is it fair, just and reasonable to impose a duty?
Back
Card 5
Front
Snail in the ginger beer case. Atkin made a famous statement that made clear that there could be liabaility without a contract.
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