Duty of Care Flashcards

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Test for Duty of Care
Caparo Tripartite Test - Caparo v Dickman [1990] - Caparo brought a company on bad accountant information provided by Dickman
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Caparo Test Question 1
1. "Would the reasonable man foresee the harm to that particular claimant?
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Caparo Test Question 2
2. Proximity of relationship: "a reasonable area for the imposition of liability" Lord Oliver in Alcock - The type and seriousness of harm affects the area of liability. As does the relationship between D + C and the scope of the DoC
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Caparo Test Question 3
3. Is it "Fair, Just and Reasonable" to impose liability? - Policy long stop
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Nonfeasance - Pure Omissions
Lord Goff in Smith v Littlewoods [1987] - "Common Law does not impose liablilty for Pure Ommissions"
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No general duty to prevent others from causing harm
Lamb v Camden LBC [1981] - Council broke a water pipe, squatters moved in when residents vacated and caused more damage
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3 Situations where Liability can be imposed for the actions of a TP
1. SR between D + C Stansbie v Thomas [1948] 2. SR between D + TP Home Office v Dorset Yacht [1970] 3. Creating a Source of Danger sparked by TP - Haynes v Harwood [1935]
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Failure to take reasonable steps to abate a danger created by TP on D's premises, can impose liability for D
Clark Fixing Ltd v Dudley MBC [2001]
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Judges cannot be sued, but Lawyers can
Judges cannot be sued (Sirros v Moore [1996] but Lawyers can Hall v Simons [2002]
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Advisory Body Liability is Lower than Most
Advisory bodies (as they are volunteers) get the relaxed Hill Criteria - Marc Rich & Co [1996]
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Armed Forces Liability
Armed forces owe no duty of care in battle conditions but do in down time - Mulachy [1996] /Jebson [2000]
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Ambulance Liability
Ambulances are health and not a rescue service - Kent v Griffith [2000]
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Fire Brigade/Coast Guard Liability
Fire Service are not liable as long as they don't make the situation worse and their attendance does not fulfill proximity - Capitol and Counties PLC v Hampshire CC [1997] - Same for Coastguard - OLL v ** of Home Dep [1997]
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Established Liability Scenario's for LA's
1. Education: Phelps v Hilingdon LBC [2001] 2. Health: Stovin v Wise [1996] 3. Where the LA has created the danger: Kane v New Forest LBC [2002]
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Objections to Imposing Liability on LA's
1. Defensive Practices 2. Expensive to Public 3. Waste of LA time 4. Courts don't want to make policy decisions 5. Distorts statutory protection
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Police Liablity on "Operational Negligence"
Liable for "operational negligence" which is damage caused by negligent performance of day to day activites - Rigby v CC of Northamptonshire Pollice - CS gas caused fire
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Police Liability on Policy Negligence
Not liable for errors made in the course of fulfilling general duties of investigating and preventing crime - Hill v CC of West Yorkshire [1988] and the Van Colle and Smith Cases [2008] (Osman Threshold)
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Osman Threshold - Osman v UK [2002]
"The authorities knew or ought to have known a the time of existence of a real and immediate risk to the life of an identified individual" (Van Colle and Smith application)
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Card 2


Caparo Test Question 1


1. "Would the reasonable man foresee the harm to that particular claimant?

Card 3


Caparo Test Question 2


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Card 4


Caparo Test Question 3


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Card 5


Nonfeasance - Pure Omissions


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