Duty of care (negligence)

General definition

The first element that must be decided in any case

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

Khan v Meadows

Established duties by the court

Establishing a duty of care

Original case Donahue v stevenson established the neighbour principle

Neighbour principe

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

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

Anns v Merton LBC

Two part test

Murphy v Brentwood

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

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

Caparo v Dickman

3 part test

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

Robinson v CCWYP

Current pest