negligence

Question 1

C may have an action against D in the

Answer 1

tort of negligence

Question 2

C must prove that on the balance of probabilities D owned them a

Answer 2

duty of care D breached that duty and C’s damage was caused by the breach and was not too remote from it

Question 3

Duty of care was first defined in

Answer 3

DONOGHUE v STEVENSON as you should avoid acts or omissions which you can reasonably foresee are likely to injure your neighbour

Question 4

In CAPARO v DICKMAN a more restrictive 3 part test was established

Answer 4

D must show foresight Kent v Griffiths proximity Bourhill v Young Watson v BBBC and that it is fair just and reasonable to impose the duty Mitchell v Glasgow CC, Hill v CCWY. The Caparo rules should only be used in a novel case without and existing precedent

Question 5

what case confirmed that there was no single definitive test for duty of care

Answer 5

2018 case of Robinson v Chief constable of west yorkshire police

Question 6

in the first instance the court will look to apply an

Answer 6

existing precedent or statutory authority e.g Road Traffic act 1988

Question 7

who specifically mentioned some cases where the caparo rules are not needed

Answer 7

Lord reed specifically mentioned some cases where the caparo rules are not needed hospital to patient Darnely v Croydon NHS trust motorist to other road user Sumner v Colborne and others. manufacter to consumer and employer to employee