Essays - Duty of Care

Question 1

What are the 4 possible essay topics?

Answer 1

• Development of the Duty
• Policy
• Rules Fair?
• Causation Fair?

Question 2

What case created liability?

Answer 2

Donoghue, there was no liability previous to it.

Question 3

What principle did Donoghue make?

Answer 3

The neighbour principle

Question 4

When is a duty of care owed?

Answer 4

When the harm from a breach of duty was foreseeable, and D had either a close relationship or proximity to the claimant

Question 5

What did Caparo rule?

Answer 5

That there should be a third part to the test for novel cases. That the courts would assess whether it was fair, just & reasonable to impose a duty.

Question 6

What Caparo also say?

Answer 6

The court said that categories should grow slowly.

Question 7

What did Caparo say that categories need to grow more slowly?

Answer 7

Because there were more and more new cases coming to the court.

Question 8

What case gave a modern clarification of Caparo?

Answer 8

Michael

Question 9

What did Michael rule?

Answer 9

That the courts should look at other cases that have/have not extended the scope of categories and then weigh up reasons for and against imposing fair and just judgements.

Question 10

What does it mean by policy?

Answer 10

The guidelines surrounding what positions can and can’t be liable for a duty of care

Question 11

Can a judge be liable for a duty? why?

Answer 11

No, judges are immune for liability so they can be free to do their job.

Question 12

Can a barrister be liable for a duty? why?

Answer 12

Yes, originally they weren’t for the same reasons as judges. However, their immunity was removed to improve public confidence in what seemed to be untouchable barristers.

Question 13

Are emergency services liable for a duty?

Answer 13

Not general liability but under specific circumstances they can be.

Question 14

EMS - what did Hill rule?

Answer 14

That EMS aren’t generally liable

Question 15

What did Reeves rule?

Answer 15

That EMS are liable if EMS could foresee harm and that police had proximity/close relationship once a claiment has been taking into custody.

Question 16

What did Michael rule?

Answer 16

That EMS are not liable for arrival times, as they do not assume responsibility in terms of time of their arrival.

Question 17

What did Robinson rule?

Answer 17

That EMS are liable as the police had foresight and proximity when injuring a passer-by when chasing a suspect.

Question 18

What did Kent v Griffiths decide?

Answer 18

That ambulances do not assume duty until they accept the call

Question 19

What did Allan rule?

Answer 19

Fire brigade are not liable unless they attend and make the situation worse

Question 20

What does rules fair mean?

Answer 20

That there can only be limited liability, only when it is fair.

Question 21

Floodgate concerns?

Question 22

What must there be to be liable for duty of care?

Answer 22

there must be an objective standard, where everyone is treated the same.

Question 23

Why is the objective standard harsh?

Answer 23

Because inexperience is not an excuse.

Question 24

What does the thin skull rule mean for D?

Answer 24

That D does not escape liability

Question 25

What case decided the rules on the thin skull rule?

Answer 25

Leech Brain

Question 26

What kind of decisions are needed for doctors?

Answer 26

Unrestrained.

Question 27

But what can doctors do?

Answer 27

They can set their own standards and close ranks. Through their peers and what not

Question 28

What is a defence which can justify risk?

Answer 28

Social utility.

Question 29

When can a victim make a claim?

Answer 29

If treatment is extraordinarily bad victim can make a claim.