Duty of Care

Nettleship v Weston

A driver owes a duty of care to his passengers and other road users.

Montgomery v Lanarkshire

A doctor owes a duty of care to his patient.

Condon v Basi

A sportsman owes a duty of care to other participants in the same match.

Walker v Northumberland CC

An employer owes a duty of care to their employees.

Robinson v CC West Yorkshire

In novel situations the courts will only extend duty of care incrementally taking into account relevant factors including: foreseeability, proximity, public policy and whether the tort is an act or an omission

Kent v Griffiths

It was reasonably foreseeable that if the ambulance was late the waiting patient would suffer harm.

Bournhill v Young

i) it was not reasonably foreseeable that a person who did not witness a motorbike accident could suffer shock and a miscarriage due to the rider's lack of care; ii) there was no proximity in time and space as C did not witness the accident.

McLoughlin v O'Brien

There was proximity in terms of relationship as although C did not witness the accident she had 'close ties of love and affection' and saw immediate aftermath.

Donoghue v Stevenson

There was proximity in terms of reliance as C relied on the manufacturer of the ginger beer

Hill v CC West Yorkshire Police

No proximity between police and relatives of victims

Osman v Ferguson

There was proximity between police and relative of V where police had specific information as to V's identity

Mulcahy v MoD

It was not fair, just and reasonable to impose a duty of care on the army towards its soldiers in battle

Capital & Counties plc v Hampshire CC

It was fair, just and reasonable to impose a duty on the fire brigade where their positive act made the situation worse

Arthur JS Hall & Co v Simons

A solicitor owes a duty of care to their client

Sumner v Colborne & Others

A duty is more likely to be owed if there is a positive act rather than an omission