Duty of care (negligence)

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12 Terms

1

General definition

The first element that must be decided in any case

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2

Established duties

Duties established by the court

  • Dr/Patient

  • Employer/Employee

  • Manufacture /consumer

  • Teacher / student

  • road users/pedestrian/ other road users

  • service provider/ customer

  • Lawyer / client

    Khan v Meadows

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3

Khan v Meadows

Established duties by the court

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4

Establishing a duty of care

Original case Donahue v stevenson established the neighbour principle

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5

Neighbour principe

Holds that a person owes a duty of care to hoes closely and directly affected by their actions

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6

Two part test

Established a broad test for determining the existence of a duty o care in the tort of negligence

Anns v Merton LBC

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7

Anns v Merton LBC

Two part test

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8

Murphy v Brentwood

Overruled Annes, the court overruled the decision with respect to a duty of care in english law

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9

Three part test

Proximity of knowledge of who the report would have been communicated to and for what porpoises it would be used

Caparo v Dickman

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10

Caparo v Dickman

3 part test

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11

Current test

Clarified the liability of the police members of the public and established a new approach to determine weather a duty of care exists

Robinson v CCWYP

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12

Robinson v CCWYP

Current pest

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