duty of care Flashcards
what case established a duty of care
donahuge v stephenson
donahuge found a rotting snail in her ginger beer which stephenson manifactured
after getting appealed up to the house of lords it was ruled that stephenson owed donhuge a duty of care
who created the neighbour principle
Lord Atkin
what is the neighbour principle
people should avoid acts or omissions that could forseably harm your neighbour
(ie if you your act could forseeably cause harm to somone in close proxmitity you owe them a duty of care to not harm them)
what case overruled donahuge v stephenson?
caparo industries v dickmann:
dickman were accountants who published fidelity’s accounts to public house
caparo already had sahres infidelity and based onthese accounts publsihed brought more stock
the figures published were wrong and the invested money. wasswallowed by thecompnays debtsand they later went bankrupt
it was ruled that dickamn didnt owe a duty. fo care becausein doing so would mean all companys owe a duty. of care to all investors on the world wide stock market
what is the caparo three stage test?
1- was the harm foreseeable?
2- was the person in close enough proximity
3- is establishing. a new duty of care just and reasonable (will it benefit the public or simply open the floodgates which would not be reasonable)
case for forseeability of harm?
the home office v dorset yacht club
case for proximity?
bourhill v young (pregnant fish wife case)
case for just and reasonable?
hill v cheif counstable of west yorkshire
where are the 3 places you can find if a duty of care is owed?
- statutory duties (ex health and saftey at work act. and student protection acts)
- case law (caparo industries v dickman)
- caparo 3 stage test (if establishing anew duty that has not been ruled in law already)
nettleship v western
established that all drivers owe their passengers a duty of care regardless of how experienced they are
all drivers are held against the standards of are. rasonable driver
(even learners)
