Duty of Care - Liability for Public Bodies Flashcards Preview

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Flashcards in Duty of Care - Liability for Public Bodies Deck (13)
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1
Q

What is a public body?

A

a state funded organisation e.g. local authorities, emergency services, teachers and armed forces

2
Q

Is a university a public body?

A

No - although they are shifting towards working like a public body they are private organisations

3
Q

When is a duty of care owed by a public body?

A

A duty is unquestionably owed when a public body, by direct and positive negligent action, cause property damage or personal injury.

4
Q

Capital & Counties plc v Hampshire County Council

A

Fireman owed a duty of care when they turned the sprinklers off making the fire worse. This was a positive act.

5
Q

Why is the duty owed by the ambulance service different to fire services and the police?

A

Ambulances have a duty to of care to individuals because they are an extension of the NHS. Police and fire service only have a duty to society at large.

6
Q

Kent v Griffiths

A

It took the ambulance service 38 minutes to respond to a call and the woman subsequently lost her baby. They sought to rely on capital because there was no positive act. This failed, they have a more substantial duty because they are an extension of the NHS

7
Q

When do the police owe a duty of care?

A

If the police carried out operational negligence opposed to a justified policy decision

8
Q

Rigby v Chief Constable of Northampton

A

Police used CS gas to drive out a burglar which resulted in a fire, this was reasonably foreseeable. This was policy driven. Not bringing equipment to put out the fire was operational negligence thus they owed a duty of care.

9
Q

Hill v West Yorkshire Police

A

Following the release of a suspected murderer, he killed C’s daughter. C argued this was negligent. Court said the police didn’t owe a duty because of the lack of proximity between D and C. And the police do not owe a duty to individuals.

They listed several reasons why judges should be hesitant to impose a duty on the police:

1) encourage defensive practices in the police
2) divert resources away from the police if they had to do such claims

10
Q

Smith v Chief Constable of Sussex Police

A

C had informed the police many times that his boyfriend was abusive. He later made a claim in negligence following serious injuries. The court held no duty was owed and relied on Hill.
Decision was 3:2

11
Q

Why are the judiciary hesitant to hold public bodies liable?

A
  • uphold parliamentary sovereignty and the separation of powers
  • Public bodies are paid by tax payers, more claims = more of their money on this and compensation
  • Defensive practices
  • Floodgate argument
12
Q

`Robinson v CC of West Yorkshire

A

The police did not owe a duty to a woman who was knocked down while police were arresting a drug dealer (policy matter)

13
Q

Who do the police and fire service owe a duty of care too?

A

Society as a whole, not individuals