Duty of care Flashcards
(12 cards)
What does ‘duty of care’ mean?
A legal obligation to take reasonable care to avoid causing harm to others.
What is a tort?
A civil wrong.
What are types of tort?
Negligence
Nuisance
Occupier’s liability
When is a defendant liable for negligence?
When they owe a duty of care, breach their duty and damage is caused.
What case can be used for duty of care in negligence and the neighbour principle?
Donoghue v Stevenson where Mrs Donoghue drank beer with a snail in it and became ill.
She sued the manufacturer.
What is the ‘neighbour principle’?
Avoid acts or omissions which you can reasonably foresee may harm your neighbour.
Who is your ‘neighbour’?
Anyone who is closely and directly affected by your actions.
What does the Caparo 3 part test consist of when deciding if a duty of care exists?
Foreseeability
Proximity
Fair, just and reasonable
When is the Caparo test used?
For novel situations where no clear precedent exists.
What case is used instead of Caparo?
Robinson v Chief Constable where a woman sued the police after they injured her while dealing with a drug dealer.
What case can be used for foreseeability?
Kent v Griffiths where woman had an asthma attack and ambulance took too long to arrive.
What case can be used for proximity?
McLoughlin v O’Brian where mother suffered psychiatric harm after seeing her injured family.
