Tort 1: Duty of Care

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Process of Tort

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Tags and Description

44 Terms

1

Process of Tort

Loss, Duty, Breach, Causation, Remoteness, Defences

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2

Duty of Care process

Precedent, Foreseeability, Proximity, Policy considerations

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3

Personal Injury

physical/ bodily injury

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4

Psychiatric harm

A recognised mental illness eg reactive depression

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5

Property damage

Eg damage to car or roof of house

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6

Consequential economic loss

loss of wages as claimant could not work

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7

Pure economic loss

lost savings due to an investment based on bad advice

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8

Donoghue v Stevenson

"love they neighbour becomes law", first negligence case

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9

Neighbour Principle

Formed by Lord Atkin in Donoghue v Stevenson

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10

Caparo v Dickman

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

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11

Established authority

Precedent for a case

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12

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

When the case is novel

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13

Policy considerations

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

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14

Nettleship v Weston

drivers owe duty of care to other road users

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15

Cassidy v Ministry of Health

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

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16

Baker v T. E. Hopkins

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

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17

Robinson v Chief Constable of West Yorkshire

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

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18

Watson v British Boxing Board of Control

Sportsmen owed a duty of care by respective sporting bodies

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19

Exceptions for Omissions

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

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20

Smith v Littlewoods

No duty for pure omissions

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21

Occupiers' Liability Act 1957

Imposes an obligation on occupiers with regard to lawful visitors

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22

Stansbie v Troman

No omission for contractual duty

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23

Reeves v Commissioner of Police for the Metropolis

No omission for sufficient control

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24

Barrett v Ministry of Defence

No omission for assumed responsibility

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25

Goldman v Hargrave

No omission for creating risk

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26

Kent v Griffiths

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

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27

Capital and Counties v Hampshire CC

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

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28

Alexandrou v Oxford

Police do not have a duty to attend emergency calls

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29

General rule for liability for third parties

Defendant is generally not liable for acts of third parties

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30

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

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31

Swinney v Chief Constable of Northumbria

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

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32

Home Office v Dorset Yacht Co

Case for sufficient proximity between Third party and defendant

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33

Stansbie v Troman (Third party case)

Defendant liable for creating the danger (third party)

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34

Smith v Littlewoods (Third party)

Defendant may be liable for third parties on their premises

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35

Palmer v Tees Health Authority

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

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36

Hill v Chief Constable of West Yorkshire

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

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37

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

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38

Rigby v Chief Constable of Northamptonshire

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

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39

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

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40

Phelps v Hillingdon London Borough

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

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41

Jebson v Ministry of Defence

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

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42

Mulcahy v Ministry of Defence

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

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43

Process for establishing duty of care

Precedent first, if no precedent then apply three stage test

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44

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

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