duty of care (negligence)

Question 1

burden of proof

Answer 1

• the claimant should prove the case against the defendant

Question 2

standard of proof

Answer 2

• the balance of probabilities

Question 3

duty of care

Answer 3

• a responsibility to ensure the safety and well-being of others
• robinson v chief constable (established duty)
• no established duty = novel situation

Question 4

novel situation

Answer 4

• 3 part test (caparo v dickman)

Question 5

damage was reasonably foreseeable 9 (3 part test)

Answer 5

• is it reasonably foreseeable that if D is careless, C could be injured/suffer from harm
• kent v griffiths

Question 6

legal proximity

Answer 6

• C and D are sufficiently close to each other in at least time, space or relationship
• king v phillips

Question 7

just, fair and reasonable

Answer 7

• must be just, fair and reasonable to impose a duty on D