Negligence Evaluation - DOC

Question 1

What would you do for the AO1 of a duty of care essay, with cases?

Answer 1

Run through what an established legal principle is - Robinson vs Chief Constable of West Yorkshire Police
Caparo vs Dickman - Set out the Caparo 3 stage test
Doughty vs Turner Manufacturing - Foreseeability
Bourhill vs Young - Proximity
Munroe vs London Fire Brigade - Fair, Just and Reasonable

Question 2

What are the positives about Duty of Care?

Answer 2

Major change in the law in 2018 where a duty of care can be assumed if there is an established legal principle due to existing precedent (Robinson vs Chief Constable of West Yorkshire Police) Should make claimants job easier as they can find a similar case before they don’t have to go through the Caparo test but some cases are bound to fall into grey areas where the 2 parties feel differently over the ELP causing some uncertainty.
Emergency services (Munroe vs London Fire Brigade) in an emergency they owe a DOC for acts and not omissions which is very reasonable as owing a DOC for both in an emergency situation would place too great a burden on the emergency services.

Question 3

What are the negatives about Duty of Care?

Answer 3

Seemingly good claims might not be allowed as they are not in the best interests of society, could be because it would open the floodgates and reasons are found not to allow the claims - Alcock vs Chief Constable of South Yorkshire Police - It is in the best interests of society to limit claims, but individuals lose out and do not receive corrective justice - Bad aspect

Question 4

What are the reforms for Duty of Care?

Answer 4

Government compensation scheme like in New Zealand in the past, but is unlikely to happen due to the cost