Liability for Third Parties

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Is there a general duty to prevent third parties from causing harm?
No
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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
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Special relationship between D and C
Require a relationship of sufficient proximity. May be justified by a CONTRACT- STANSBIE v TROMAN
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Contrast to STANSBIE v TROMAN
P PERL v CAMDEN LONDON BC
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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)
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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

Preview of the front of card 3

Card 4

Front

Contrast to STANSBIE v TROMAN

Back

Preview of the front of card 4

Card 5

Front

Degree of proximity may be found by an EXPRESS or IMPLIED undertaking made by D to C

Back

Preview of the front of card 5

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