Tort 1: Duty of Care

Process of Tort

Loss, Duty, Breach, Causation, Remoteness, Defences

Duty of Care process

Precedent, Foreseeability, Proximity, Policy considerations

Personal Injury

physical/ bodily injury

Psychiatric harm

A recognised mental illness eg reactive depression

Property damage

Eg damage to car or roof of house

Consequential economic loss

loss of wages as claimant could not work

Pure economic loss

lost savings due to an investment based on bad advice

Donoghue v Stevenson

"love they neighbour becomes law", first negligence case

Neighbour Principle

Formed by Lord Atkin in Donoghue v Stevenson

Caparo v Dickman

established the three part test (forseeability, proximity, fair, just and reasonable)

Established authority

Precedent for a case

When do courts need to impose their own duty of care?

When the case is novel

Policy considerations

Floodgates, Insurance, Crushing liability, deterrence, maintenance of high standards, defensive practices

Nettleship v Weston

drivers owe duty of care to other road users

Cassidy v Ministry of Health

healthcare professionals owe a duty of care to patients once accepting them

Baker v T. E. Hopkins

A rescuer is owed a duty of care by the company whose employees they are rescuing

Robinson v Chief Constable of West Yorkshire

Police owe a duty of care to protect the public when carrying out an arrest

Watson v British Boxing Board of Control

Sportsmen owed a duty of care by respective sporting bodies

Exceptions for Omissions

Statutory duty, contractual duty, sufficient control, assumed responsibility, defendant creates the risk

Smith v Littlewoods

No duty for pure omissions

Occupiers' Liability Act 1957

Imposes an obligation on occupiers with regard to lawful visitors

Stansbie v Troman

No omission for contractual duty

Reeves v Commissioner of Police for the Metropolis

No omission for sufficient control

Barrett v Ministry of Defence

No omission for assumed responsibility

Goldman v Hargrave

No omission for creating risk

Kent v Griffiths

Ambulance service owes duty of care to response in a reasonable time

Capital and Counties v Hampshire CC

Fire brigade owes duty of care not to make the situation worse

Alexandrou v Oxford

Police do not have a duty to attend emergency calls

General rule for liability for third parties

Defendant is generally not liable for acts of third parties

Exceptions for no liability for third parties

Sufficient Proximity between defendant and claimant, sufficient proximity between defendant and third party, defendant created the danger, risk was on defendant's premises

Swinney v Chief Constable of Northumbria

case for sufficient proximity between claimant and defendant (third parties)

Home Office v Dorset Yacht Co

Case for sufficient proximity between Third party and defendant

Stansbie v Troman (Third party case)

Defendant liable for creating the danger (third party)

Smith v Littlewoods (Third party)

Defendant may be liable for third parties on their premises

Palmer v Tees Health Authority

Defendant not liable for third party's actions after discharging them

Hill v Chief Constable of West Yorkshire

Police not liable for third party where there is lack of proximity

CN and GN v Poole Borough Council

Public body not liable for third party's actions where they do not have assumed responsibility over the victim

Rigby v Chief Constable of Northamptonshire

Public bodies not liable for negligence regarding policy matters, only operational matters

Hill v Chief Constable of West Yorkshire (policy considerations)

Police not liable where imposing a duty of care could lead to defensive practices or floodgates opening

Phelps v Hillingdon London Borough

Public bodies owe a duty of care if they assume responsibility of someone

Jebson v Ministry of Defence

Military owes duty of care to soldiers when they assume responsibility for them at home

Mulcahy v Ministry of Defence

Army do not owe duty of care to soldiers when in active combat

Process for establishing duty of care

Precedent first, if no precedent then apply three stage test

OLL Ltd v Secretary of State for Transport

Coast guard do not owe a duty of care to attend, just to not make the situation worse