What is negligence?
A tort where a person’s act/failure to act has caused harm to another/damage to their property
The D will only be liable if…
- They owed the C a duty of care
- the D breached the duty of care
- the breach causes reasonably foreseeable injury/damage
What is a novel situation?
If there is no existing precedent to determine if the D owed a duty of care
What are the three parts of the Caparo test?
- Reasonably foreseeable that someone in the C’s position would be injured
- There was a sufficient proximity between parties
- It is fair, reasonable an just to impose a duty of care
What is the test for foreseeability?
Would a reasonable person in the same position as the D have foreseen that someone in the C’s position may be injured?
(Kent v Griffiths)
What is the test for proximity?
A DOC will only occur if the relationship between the D and C is sufficiently close. Could be time, distance or relationship
(Osman v Ferguson)
Bourhill v Young
If there is no close proximity, the D will not owe a DOC
What is the test for fair, just and reasonable?
A matter of public policy, it would be unhelpful to society to impose a duty on public authorities
(Hill)
