Is there a general duty to prevent third parties from causing harm?
No
1 of 5
Exceptional circumstances where a duty can arise, occurs in 4 situations
SMITH v LITTLEWOODS: 1. Special relationship between D and C, 2. Special relationship between D and the third party, 3.Where a 'source of danger' is sparked by a 3rd party, 4. Where there is a failure to abate a known danger created by a 3rd party
2 of 5
Special relationship between D and C
Require a relationship of sufficient proximity. May be justified by a CONTRACT- STANSBIE v TROMAN
3 of 5
Contrast to STANSBIE v TROMAN
P PERL v CAMDEN LONDON BC
4 of 5
Degree of proximity may be found by an EXPRESS or IMPLIED undertaking made by D to C
SWINNEY v CC of NORTHUMBRIA POLICE and COSTELLO v CC of NORTHUMBRIA POLICE (IMPLIED)
5 of 5
Other cards in this set
Card 2
Front
Exceptional circumstances where a duty can arise, occurs in 4 situations
Back
SMITH v LITTLEWOODS: 1. Special relationship between D and C, 2. Special relationship between D and the third party, 3.Where a 'source of danger' is sparked by a 3rd party, 4. Where there is a failure to abate a known danger created by a 3rd party
Card 3
Front
Special relationship between D and C
Back
Card 4
Front
Contrast to STANSBIE v TROMAN
Back
Card 5
Front
Degree of proximity may be found by an EXPRESS or IMPLIED undertaking made by D to C
Comments
No comments have yet been made