Negligence

Negligence

Failure to take proper care in doing something often resulting in injury

Duty of Care (Negligence)

The obligation people owe each other not to cause any unreasonable harm or risk of harm

What is the neighbour principle established in Donoghue v Stevenson?

You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.

What is the legal significance of the case Donoghue v Stevenson?

It established the neighbour principle in tort law.

What is the first part of the Caparo v Dickman test?

The degree of harm must be reasonably foreseeable.

What is the second part of the Caparo v Dickman test?

There must be proximity in the relationship between the parties.

What is the third part of the Caparo v Dickman test?

It must be fair, just, and reasonable to impose a duty of care.

Foreseeability - Caparo test

If the reasonable man in the defendant's position would have foreseen that someone in the claimant's position would have suffered harm or loss, it is an objective test.

Proximity - Caparo test

Proximity can be defined by physical closeness or a relationship assumption of responsibility; a defendant is not automatically proximate to all family members, except for parent to child.

Fair, just and reasonable - Caparo test

Considers external factors and implications on wider society of imposing a duty, especially when it imposes additional burdens on public services or opens floodgates to litigation.

What approach did courts adopt in 2018 regarding duty of care?

A more analogous approach.

What case exemplified the new approach to duty of care?

Robinson v Chief Constable of West Yorkshire.

What is the incremental approach in determining duty of care?

It is often determined by referring to one element of the Caparo test.

What are the three distinct elements required to prove liability in modern law of negligence?

A duty of care from the defendant to the claimant, a breach of duty by the defendant, and proof of resulting loss to the claimant.

Three considerations for deciding duty of care

Duty through existing statutes or precedents, duty by reason of analogy to existing duties, Novel situations requiring careful analysis.

What case established the duty of care of doctors to patients?

Bolam v Friern Barnett Hospital Committee

What case established the duty of care of manufacturers to consumers?

Donoghue V Stevenson

What case established the duty of care of employers to employees?

Paris V Stepneys Borough Council

What case established the duty of care of drivers/road users to pedestrians?

Nettleship V Weston

What case established the duty of care of professionals to clients?

Caparo V Dickman

What case established the duty of care of Police to the public?

Robinson V Chief Constable of West Yorkshire Police

What case established the duty of care of invitors to invitees?

Wells V Cooper