Duty of Care to your Neighbour

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Caparo v Dickman 1990
Bought a company based on company accounts from the Company House. Accounts had described the company wrong - negligence in certiftying the accounts. Creation of 3 sub-tests.
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Was the loss foreseeable?
The loss (physical injury and/or damage to property) has to be one that a reasonable person would foresee in the circumstance. Was the claimant's loss a foreseeable consequence of the defendant's actions?
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Langley v Dray 1998
It was foreseeable that Langley, a police officer, would crash his car during a high speed pursuit of criminal Dray
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Was there proximity between the parties?
This can mean physical, professional or both. Between the claimant and the defendant.
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Bourhill v Young 1943
Physical proximity - Bourhill was not physically proximate to Young as she only heard Young's crash but did not see it.
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Watson v British Boxing Board of Control 2001
Professional proximity - did exist as Watson fought a world title fight under their rules and regulations so they had to provide a ringside doctor but failed to do so.
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Is it fair, just and reasonable?
In some circumstances, it may not be fair, just and reasonable to hold the defendant responsible for a duty of care to his neighbour.
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Sam v Atkins 2005
It was not fair, just and reasonable to hold Atkins responsible for Sam's injuries as Sam stepped out from behind a lorry into the path of Atkins' car which was going at 20mph.
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Other cards in this set

Card 2

Front

Was the loss foreseeable?

Back

The loss (physical injury and/or damage to property) has to be one that a reasonable person would foresee in the circumstance. Was the claimant's loss a foreseeable consequence of the defendant's actions?

Card 3

Front

Langley v Dray 1998

Back

Preview of the front of card 3

Card 4

Front

Was there proximity between the parties?

Back

Preview of the front of card 4

Card 5

Front

Bourhill v Young 1943

Back

Preview of the front of card 5
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