The Robinson Approach

Examples of well-established categories of duty

Manufacturer and consumer

‘Donoghue v Stevenson’ - Lord Atkin created neighbour principle: “You must take reasonable care to avoid acts/omissions which you can reasonable foresee as likely to injure your neighbour. Who then, in law, is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation.”

Doctor and patient

‘Bolam v Barnet Hospital’ - Dr’s conduct must be consistent with a substantial body of professional opinion.

Drivers and other road users (incl. pedestrians)

‘Nettleship v Weston’ - Learners must have same standard of care as a fully qualified driver because to do otherwise would put the public at risk.

Employer and employee

‘Paris v Stepney’ - Special characteristics of the Claimant meant that the standard of care expect from the employer was higher.

Instructor and learner

‘Day v High Performance Sports’ - The benefits (rescuing the climber) outweighed any potential risk so the standard of care was lowered.

Teacher and student

‘Simonds v Isle of Wight Council’