Duty of Care AO1

For D to be liable, what must they have?

They must have/owe a duty of care to C

What did Donoghue say about duty of care?

You owe a duty of care to your neighbour- this is anyone who is closely or directly effected by your acts/omissions

What test is used if there is no existing duty of care?

The Caparo Test (3 stages)

What is Stage One (S1)?

Was damage or harm reasonably foreseeable? (Kent)

What happened in Kent (S1)?

The ambulance was late- further harm was reasonably foreseeable

What is Stage Two (S2)?

There must be proximity between D&C

What does it mean by ‘proximity’ (S2)?

C&D must be close in terms of time, space or relationship (Bourhill)

What happened in Bourhill (S2)?

There was no proximity- you can’t anticipate harm to a bystander

What is Stage Three (S3)?

Is it fair, just and reasonable to impose a duty of care? (Hill/Robinson)

What was set in the cases of Hill and Robinson (S3)?

Hill- it wasn’t fair, just & reasonable to impose a duty on the police

Robinson- it is fair, just & reasonable to impose a duty on the police

What did Robinson establish?

There is no need to use the Caparo Test if there is already an established precedent that creates a duty of care (eg the police)