1. Duty of Care

Robinson – Limited Use of Caparo

In Robinson, the Supreme Court stated that the Caparo test is rarely needed because many duty of care situations are already established through precedent or analogy. However, the foreseeability of harm remains a necessary component in establishing a duty of care.

Caparo – When It's Used

The Caparo test is used in novel duty of care situations where no established precedent exists.

Caparo 1 – Foreseeability of Harm

The first question in the Caparo test asks whether harm to someone in the claimant’s position was reasonably foreseeable.

Caparo 2 – Proximity

The second Caparo question considers proximity—whether there is a close relationship or closeness in time and space between the claimant and the defendant.

Caparo 3 – Fair, Just and Reasonable

The third Caparo question asks if it is fair, just, and reasonable to impose a duty of care. This is a policy-based decision that considers the broader interests of society.