Duty of care.

Question 1

first must establish a duty of care is owed to the claimant…

Answer 1

-robinson v chief constable of west yorkshire (2018)
- if an already established duty of care exists the courts should follow this precedent

Question 2

what if the court has not considered whether a duty of care exists?

Answer 2

the courts will follow the closest analogy

Question 3

as a duty of care already exists…

Answer 3

the three part caparo test doesn’t apply, therefore d owes c a duty of care

Question 4

finally…

Answer 4

the harm must be reasonably foreseeable (kent v griffiths)