Duty Of Care Flashcards

1
Q

Donoghue V Stevenson
Neighbour Principle

A

Individual have duty of care to anyone who ought to have thought could potentially be affected by the act or omission.

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2
Q

Robinson V CCWY 2018

A

Supreme court stated Police owe a duty of care to the general public.

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3
Q

Established duties

A

Relationship
Statutory Duty (Road Traffic Act 1988)
Contractual Duty
Volunitary accepted care
Dangerous situation
Public office
Limit harm caused
Duty through precedent

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4
Q

Caparo V Dickman

A
  1. Is damage or harm reasonably foreseeable? Kent V Griffith - Ambulance breach duty by not arriving without good reason.
  2. Is close and proximate?
    Bourhill V Young - D not liable for any psychiratic harm that c might have suffered as result of accident.
  3. Is it fair , just and reasonable?
    Hill V CCWY - Hill didn’t confer general immunity upon the police
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