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Duty of care
Establishing a legal relationship between parties
Robinson approach
Look for existing precedent
Manufactor + consumer
Donoghue vs Stevens
Doctor + patient
Bolem vs Barnet hospital
Drivers + other road users
Nettleship vs Weston
Employer + employee
Paris vs Stepney
instructor + learner
Day vs performance high sports
Teacher + student
Simonds vs Isle of Wight council
3 stages of caparo test
Harm reasonably foreseeable
Sufficient proximity
Fair just and reasonable
2 Stages of establishing breach
Reasonable person test
Risk factors
Reasonable person test
Blyth vs Birmingham water works
Risk factors (breach of duty)
Probability of harm
Seriousness of potential harm
cost and practicality
unknown risks
Damage
Personal injury or damage to property
2 stage test for damages
Factual causation
Remoteness - Legal causation
Factual causation
But for test - No intervening act
Remoteness
Need to be reasonable foreseeable
Thin skull rule
Smith vs leach brain - take your victim as you find them
Contributory negligence
Partial defence - both parties become responsible
2 stages of consent
Must know the nature and extent of the risk of harm
Voluntarily agree to it
Remedies
Aim to place claimant in position as if tort had not taken place
Special damages
Pre-trial expenses
Loss of property
General damages
Post trial losses
Future losses
Pain and suffering
loss of amenity
specific injury
Mitigation of loss
Claimant must keep loss to a reasonable level
Note 
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