1) Duty of Care

Question 1

What does negligence represent in tort law?

Answer 1

Negligence is the most significant tort in civil obligations law.

Question 2

Define the legal meaning of ‘negligence’.

Answer 2

Negligence is the breach of a legal duty to take care by the defendant resulting in loss or damage to the claimant.

Question 3

List the elements required to establish a claim in negligence.

Answer 3

• Loss or damage
• Duty
• Breach
• Causation
• Remoteness
• Defences

Question 4

What types of loss are recognized in negligence claims?

Answer 4

• Physical / bodily injury
• Psychiatric harm
• Property damage
• Consequential economic loss
• Pure economic loss

Question 5

What is the first step in considering a negligence claim?

Answer 5

Identify the type of loss or damage suffered by the claimant.

Question 6

What is the neighbour principle?

Answer 6

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

Question 7

Which case is considered foundational for establishing a duty of care?

Answer 7

Donoghue v Stevenson [1932] AC 562.

Question 8

What is the three-stage approach established in Caparo v Dickman?

Answer 8

• Foreseeability of harm
• Relationship of sufficient proximity
• Fair, just, and reasonable to impose a duty

Question 9

True or False: The three-stage approach in Caparo is a magic formula for establishing a duty of care.

Answer 9

False.

Question 10

What does ‘proximity’ refer to in the context of duty of care?

Answer 10

It refers to the closeness of the relationship between the claimant and the defendant.

Question 11

List some policy considerations that may affect the recognition of duty of care.

Answer 11

• Floodgates
• Insurance
• Crushing liability
• Deterrence
• Maintenance of high standards
• Defensive practices

Question 12

What is meant by the term ‘floodgates’ in legal context?

Answer 12

The concern that allowing one claim would lead to an overwhelming number of similar claims.

Question 13

What is the significance of the case Robinson v Chief Constable of West Yorkshire Police?

Answer 13

It explained that duty of care is typically developed incrementally and by analogy with established authority.

Question 14

What should be the first question when determining if a duty of care is owed?

Answer 14

Is there a precedent making clear whether or not a duty is owed?

Question 15

Fill in the blank: The concept of duty of care is established by __________.

Answer 15

precedent or existing authority.

Question 16

In which situation is a duty of care typically owed according to established authority?

Answer 16

A driver owes a duty of care to other road users.

Question 17

What is the significance of the case Watson v British Boxing Board of Control?

Answer 17

It established that immediate medical attention should be available at ringside, recognizing a duty of care in a novel situation.

Question 18

What does the term ‘fair, just, and reasonable’ involve when recognizing a duty of care?

Answer 18

It involves a broad analysis of the social, political, and economic impact of the decision on society.

Question 19

What is the general rule regarding liability for omissions?

Answer 19

A defendant cannot be liable for carelessness unless the law requires them to be careful.

Question 20

What is the general rule regarding duty of care in relation to omissions?

Answer 20

The law of tort only imposes liability on those who cause injury or damage to another; no duty is imposed on a mere failure to act.

Question 21

List the exceptions to the general rule that no duty of care is imposed on a mere failure to act.

Answer 21

• Where there is statutory duty
• Where there is contractual duty
• Where the defendant has sufficient control over the claimant
• Where the defendant assumes responsibility for the claimant
• Where the defendant creates the risk

Question 22

What is the first exception to the general rule regarding omissions?

Answer 22

A positive duty is imposed on the defendant by statute.

Question 23

Provide an example of a statutory duty.

Answer 23

The Occupiers’ Liability Act 1957 imposes a duty of care on the occupier of premises to ensure their premises are reasonably safe for visitors.

Question 24

What is the second exception to the general rule regarding omissions?

Answer 24

A person fails to perform their contractual obligations to the claimant.

Question 25

What case illustrates the second exception regarding contractual duty?

Answer 25

Stansbie v Troman.

Question 26

What is the third exception to the general rule regarding omissions?

Answer 26

The defendant has a high degree of control over the claimant.

Question 27

Give an example of the third exception involving control.

Answer 27

In Reeves v Commissioner of Police for the Metropolis, the police owed a duty to protect a prisoner’s health.

Question 28

What is the fourth exception to the general rule regarding omissions?

Answer 28

The defendant assumes responsibility for the claimant’s welfare.

Question 29

What case exemplifies the fourth exception of assuming responsibility?

Answer 29

Barrett v Ministry of Defence.

Question 30

What is the fifth exception to the general rule regarding omissions?

Answer 30

The defendant creates the risk through an omission.

Question 31

Provide an example of the fifth exception involving created risk.

Answer 31

Goldman v Hargrave, where the defendant failed to mitigate a fire risk.

Question 32

True or False: The police owe a duty of care to respond to emergency calls.

Answer 32

False.

Question 33

In which case did the court establish that the ambulance service owes a duty of care to respond to a 999 call?

Answer 33

Kent v Griffiths & Others.

Question 34

What is the general rule regarding duty of care in relation to acts of third parties?

Answer 34

No duty is imposed on a failure to prevent a third party from causing harm.

Question 35

List the exceptions to the general rule regarding acts of third parties.

Answer 35

* Sufficient proximity between the defendant and claimant * Sufficient proximity between the defendant and third party * The defendant created the danger * The risk was on the defendant’s premises

Question 36

What does 'sufficient proximity' refer to?

Answer 36

A special relationship between the defendant and claimant or between the defendant and third party.

Question 37

What case illustrates sufficient proximity due to a contractual relationship?

Answer 37

Stansbie v Troman.

Question 38

What case involved the Home Office being liable for the acts of borstal boys?

Answer 38

Home Office v Dorset Yacht.

Question 39

What must be considered when ascertaining if a duty of care is owed?

Answer 39

Existing precedents and whether a duty should be imposed by drawing analogies with existing cases.

Question 40

Fill in the blank: The aim is to develop the law ______.

Answer 40

[incrementally].

Question 41

What event led to the claimant suffering psychiatric illness in the case discussed?

Answer 41

A police file containing her details was stolen and reached the criminal against whom she had given evidence ## Footnote This incident caused her to be harassed.

Question 42

What was the outcome of the case involving Hill v Chief Constable of West Yorkshire?

Answer 42

The House of Lords refused to impose a duty of care due to insufficient proximity between the police and potential victims ## Footnote The victim was an unidentifiable member of a large group.

Question 43

In which case did the court find that being an identifiable victim was not sufficient for establishing a duty of care?

Answer 43

Mitchell v Glasgow City Council ## Footnote The defendant did not assume responsibility for Mr. Mitchell’s safety.

Question 44

What did the court conclude in CN and GN v Poole Borough Council regarding the duty of care?

Answer 44

The court held that the Council had not assumed responsibility for the children's welfare ## Footnote Even though they had the power to take the children into care.

Question 45

What is the general rule regarding the duty of care in relation to third parties?

Answer 45

No duty is imposed for failure to prevent a third party from causing harm to another ## Footnote This is a foundational principle in negligence law.

Question 46

What are the four categories in which exceptions to the general rule can be classified?

Answer 46

* A has assumed a responsibility to protect B from that danger * A has done something which prevents another from protecting B from that danger * A has a special level of control over that source of danger * A's status creates an obligation to protect B from that danger

Question 47

What case established that a defendant can be liable for the wrongful acts of third parties under their supervision?

Answer 47

Home Office v Dorset Yacht ## Footnote This case emphasized the supervisory relationship creating proximity.

Question 48

What did the court decide in Palmer v Tees Health Authority regarding the duty owed to the claimant?

Answer 48

There was a lack of proximity between the authority and the psychiatric patient ## Footnote The patient was not under the authority’s care at the time of harm.

Question 49

In what scenario might a defendant be liable for a danger created by a third party?

Answer 49

If the defendant created or allowed the creation of a danger ## Footnote Example: Stansbie v Troman, where a decorator allowed burglars into a property.

Question 50

What is the duty of care regarding dangers on the defendant's premises?

Answer 50

The defendant must take reasonable steps to eradicate or diminish known dangers ## Footnote This is supported by Smith v Littlewoods, where the defendant lacked knowledge of the danger.

Question 51

What complicating factors affect the determination of duty of care for public bodies?

Answer 51

* Many public bodies derive powers from statutes * Policy considerations affect the court's findings

Question 52

What does the case CN and GN v Poole Borough Council illustrate about public bodies and duty of care?

Answer 52

The court applied principles of negligence equally to public bodies and private individuals ## Footnote Liability may be restricted by statutory duties.

Question 53

What is a potential consequence of imposing a duty of care on public bodies?

Answer 53

It may lead to 'defensive practices' and restrict public services ## Footnote Example: Hill v Chief Constable of West Yorkshire highlighted concerns about resource diversion.

Question 54

How does the distinction between operational and policy matters affect liability for public bodies?

Answer 54

Public bodies can be liable for operational matters but not for policy decisions ## Footnote Example: Rigby v Chief Constable of Northamptonshire.

Question 55

In which case was a local authority found liable for misdiagnosing a child's condition?

Answer 55

Phelps v Hillingdon London Borough ## Footnote The authority had assumed responsibility for the child's educational needs.

Question 56

What was the outcome of Jebson v Ministry of Defence regarding a soldier's injury?

Answer 56

The camp commander owed a duty of care to the soldier due to implied responsibility ## Footnote This was despite the soldier's intoxication.

Question 57

What is the relevance of statutory powers for public bodies in negligence claims?

Answer 57

An act authorized by an Act of Parliament cannot normally constitute a breach of duty ## Footnote This principle supports parliamentary sovereignty.

Question 58

What is the general principle regarding the imposition of a duty of care?

Answer 58

A duty of care may be imposed unless it conflicts with the intentions of the statutory scheme under which the public body operates. ## Footnote This principle indicates that the statutory framework can limit the applicability of common law duties.

Question 59

Will a duty of care be imposed on a public body for omissions related to its statutory duties?

Answer 59

No, a duty of care will not automatically be imposed for omissions simply because the public body has a statutory duty or power to act. ## Footnote This emphasizes the distinction between statutory obligations and common law duties.

Question 60

What may the court conclude when considering the intentions of a statutory scheme?

Answer 60

The court may conclude that the intention was that difficult decisions about resourcing or other 'policy' matters would not give rise to a common law duty of care in negligence. ## Footnote This suggests a deliberate separation between policy decisions and legal liabilities.