T/duty of care

Question 1

Intro ?

Answer 1

• in order for duty of care to be established the 3 part test of caparo v dickman needs to be fufilled

Question 2

reasonably foreseeable ?

Answer 2

-in kent v griffiths it was reasonably foreseeable the ambulance was going to be late the c would suffer more harm
-in (topp v london country bus) that thieves would take a bus and run a woman of her bicycle

Question 3

proximity ?

Answer 3

-time, space
relationship
-(Bourhill v young) it was held the c could not claim compensation because she only heard the accident but didnt see it
-(McCloughlin v o brian) not proxiamte as she was there at the immediate aftermath

Question 4

fair just and reasonable ?

Answer 4

-there muct be no public policy issues preventing a duty of being imposed
-(Hill v chief constable) it was held that it was not fair just and reasonable to impose a duty of care on police for the future victims of the yorkshire ripper as police need to be protected.

Question 5

outro ?

Answer 5

Therefore D does/does not owe a duty of care.