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Third party acts
Failures to prevent harm to C caused by another
Duty may arise if:
D created a risk that a third party exploited.
D assumed responsiblity for C’s safety.
TPA - CASES
Home office v Dorset yacht - Yes RISK AT ISLAND.
Mitchell v glasgow - didnt hear danger
Poole v Gn - no general duty against 3rd parties unless assumed resoponsibility, status or positive risk creation.
Smith v littlewoods - owned building, no control over vandals, no duty.
C’s own acts
If D had sufficient control may owe DOC to protect C against own actions leading to harm
Barnet v MOD
Reeves v Commissoner PD metropolis
Natural Hazards
Failure to protect C from naturally occuring risk
Duty if
- D created/worsened/adopted hazarard. (Capital v Counties PLC v Hampshire cc
- D expressly assumed responsiblity.