Duty Of Care Flashcards
(14 cards)
1
Q
Three ways to establish a duty of care
A
Obvious duty
Pre-established duty
Caparo Test
2
Q
When is the Caparo test used
A
In novel situations
3
Q
Part 1 of the Caparo test
A
The harm must be reasonably foreseeable (Kent v griffiths)
4
Q
Part 2 Caparo test
A
Proximity in space, time, relationship (Bourhill v Young)
5
Q
Part 3 Caparo test
A
Must be fair, just & reasonable to impose a duty and not for public policy reasons (mulcahy v MOD)
6
Q
Drivers /roadusers
A
Nettleship v Weston
7
Q
Doctors/ patient
A
Whitehouse v Jordan
8
Q
Sportsman/sportsman
A
Condon v bass
9
Q
Employer/employee
A
Walker v Northumberland cc
10
Q
Police / public
A
Robinson
11
Q
Lawyer/client
A
Hall v Simons
12
Q
Judiciary / public
A
Sirrors v Moore
13
Q
Fire brigade/ public
A
Capital & counties v Hampshire cc
14
Q
Public body / public
A
Clunis v Camden & Islington
