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Flashcards in Duty Of Care Negligence Deck (15)
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1

What is applied by the court when there is no precident?

The caparo test

2

What are the three elements of the caparo test?

Forseeability
Proximity
Fairness, justice and reasonable

3

What is the case that established the two stage test for duty?

Anns v Met Borough

4

What are the two steps for establishing duty?

Is there reasonable proximity so carelessness will cause harm

Are there any considerations to limit scope of duty

5

Which case established that ambulances have a duty of care?

Kent v Griffiths

6

Do the Police have a duty of care?

No DoC when damage is caused by a third party (Smith v Littlewoods)

7

What Police duties exist?

Witnesses and informants
Creation of danger

8

Give 3 examples of actionable damage for psychiatric harm.

Grief
Anxiety
Depression

9

What is the Alcock test for secondary victims?

R forseeability of psyc illness
Close R of love and affection
Witness accident or immediate aftermath
Sudden shock

10

What does the eggshell skull rule say?

Cant create a duty where none exists.
Plaintiff entitled to recover damages for all harm

11

Is there a duty for pure economic loss?

Not generally

12

What is pure economic loss?

Financial damage suffered as a result of the negligent loss, not accompanied by physical damage

13

What is relational economic loss?

Loss flowing from neg losses to the property of a third party

14

What is the Hedley Bryne test?

Special relationship
Voluntary assumption of responsibility
Reliance on advice
Was reliance reasonable

15

What’s important about the special relationship test in HB?

Cant arise in a social context