Topic 1 - Duty of Care

Question 2

What is the general principle for determining whether a duty of care is owed?

Answer 2

A defendant cannot be liable for carelessness unless the law requires them to be careful in the first place.

Question 3

What famous principle did Lord Atkin develop in Donoghue v Stevenson?

Answer 3

The neighbour principle.

Question 4

What are the key components of the neighbour principle?

Answer 4

• Foreseeability
• Proximity

Question 5

What is the three-stage approach established in Caparo v Dickman for determining duty of care?

Answer 5

• Foreseeability of harm
• Proximity
• Fair, just and reasonable

Question 6

What does the term ‘proximity’ refer to in the context of duty of care?

Answer 6

The closeness of the relationship between the claimant and defendant.

Question 7

What is a significant policy consideration in determining duty of care?

Answer 7

• Floodgates
• Insurance
• Crushing liability
• Deterrence
• Maintenance of high standards
• Defensive practices

Question 8

What does the ‘floodgates’ policy consideration refer to?

Answer 8

The fear that allowing one claim could lead to a large number of similar claims.

Question 9

Fill in the blank: The general rule is that the law of tort only imposes liability on those who cause injury or damage to another; no such duty is imposed on a mere failure to act, otherwise known as an _______.

Answer 9

omission.

Question 10

What is one exception to the general rule regarding omissions?

Answer 10

• Statutory duty
• Contractual duty
• Sufficient control over the claimant
• Assuming responsibility
• Creating the risk

Question 11

What does the term ‘omission’ refer to in tort law?

Answer 11

A failure to act that does not result in liability unless an exception applies.

Question 12

What is the significance of the case Smith v Littlewoods Organisation Ltd [1987] AC 241?

Answer 12

It established that there is no legal obligation to rescue someone in danger.

Question 13

What is one of the key factors in determining duty of care in cases of omissions?

Answer 13

The relationship between the claimant and the defendant.

Question 14

What principle was upheld in the case Watson v BBBC regarding duty of care?

Answer 14

A duty of care was owed for ensuring immediate medical attention at the ringside.

Question 15

What is the first question to ask when determining if a duty of care is owed?

Answer 15

Is there a precedent making clear whether or not a duty is owed?

Question 16

What should be considered if there is no clear precedent for a duty of care?

Answer 16

Whether a duty should be imposed by analogy with existing cases.

Question 17

What does it mean to draw an analogy with established authority?

Answer 17

Identifying legally significant features of earlier cases to determine duty of care.

Question 18

What is the general rule regarding duty of care in omissions?

Answer 18

No duty of care is owed for a failure to act.

Question 19

What is the first exception to the general rule of duty of care?

Answer 19

A positive duty is imposed on the defendant by statute.

Question 20

Give an example of a statute that imposes a duty of care.

Answer 20

Occupiers’ Liability Act 1957.

Question 21

What is the second exception to the general rule of duty of care?

Answer 21

Failure to perform contractual obligations to the claimant.

Question 22

What is the third exception to the general rule of duty of care?

Answer 22

Defendant has a high degree of control over the claimant.

Question 23

What is the fourth exception to the general rule of duty of care?

Answer 23

Defendant assumes responsibility for the claimant’s welfare.

Question 24

What is the fifth exception to the general rule of duty of care?

Answer 24

Defendant creates the risk through an omission.

Question 25

What must be considered when dealing with a novel omissions case?

Answer 25

The general rule that no duty of care is owed and draw analogies with existing cases.

Question 26

What is the Caparo three-stage test used for?

Answer 26

To determine if a duty of care is owed.

Question 27

What are the three stages of the Caparo test?

Answer 27

* Foreseeability * Proximity * Fair, just, and reasonable.

Question 28

What duty does the ambulance service owe regarding 999 calls?

Answer 28

A duty of care to respond within a reasonable time.

Question 29

Do fire brigades owe a duty of care to attend a fire?

Answer 29

No duty of care to attend, but a duty not to make the situation worse if they do.

Question 30

What is the general rule regarding police duties to respond to emergency calls?

Answer 30

Police owe no duty of care to respond.

Question 31

What is the general rule about liability for acts of third parties?

Answer 31

No duty is imposed on a failure to prevent a third party from causing harm.

Question 32

What are the four exceptions to the general rule regarding acts of third parties?

Answer 32

* Sufficient proximity between the defendant and claimant * Sufficient proximity between the defendant and third party * Defendant created the danger * Risk was on the defendant’s premises.

Question 33

What constitutes sufficient proximity between the defendant and claimant?

Answer 33

A special relationship that makes the claimant an identifiable victim at risk.

Question 34

What is required for a defendant to assume responsibility for a claimant's safety?

Answer 34

Through their words or conduct.

Question 35

What was the ruling in CN and GN v Poole Borough Council about assuming responsibility?

Answer 35

The Council had not assumed responsibility for the children’s welfare.

Question 36

What does it mean when a defendant has a responsibility to control a third party?

Answer 36

A duty is imposed based on the proximity established through supervision.

Question 37

What is the significance of proximity in establishing a duty of care?

Answer 37

Sufficient proximity is established when the third party is under the care and control of the defendant at the time the harm was committed.

Question 38

What is the third exception to the general rule regarding duty of care?

Answer 38

The defendant created the danger.

Question 39

What duty does a defendant have concerning dangers on their premises?

Answer 39

To take reasonable steps to eradicate or diminish the known danger.

Question 40

What should be considered when dealing with novel acts of third-party cases?

Answer 40

Identify the general rule and consider whether a duty should be imposed by drawing analogies with existing cases.

Question 41

What are the four circumstances under which party A can owe a duty to party B regarding harm caused by a third party?

Answer 41

* A has assumed a responsibility to protect B from that danger * A has done something which prevents another from protecting B from that danger * A has a special level of control over that source of danger * A's status creates an obligation to protect B from that danger

Question 42

What complicates the ascertainment of duty of care owed by public bodies?

Answer 42

* Many public bodies derive their powers or duties from statutes * Policy considerations unique to public bodies

Question 43

What must a claimant show to succeed in a negligence claim against a public body?

Answer 43

That one of the exceptions to the rule of no liability for failing to prevent a third party from causing harm applies.

Question 44

What is the principle of parliamentary sovereignty in relation to public bodies?

Answer 44

An act which would normally amount to a breach of duty cannot if it is specifically authorized by an Act of Parliament.

Question 45

What is the legal stance on omissions by public bodies?

Answer 45

The usual law applying to individuals would apply, making it hard to argue that a failure to act gives rise to a duty in negligence.

Question 46

In the context of public bodies, what does 'fair, just and reasonable' refer to?

Answer 46

Considerations when deciding whether to impose a duty on a public body in a new area.

Question 47

What concern might arise from imposing a duty of care on public bodies?

Answer 47

It could lead to defensive practices and restrict public services due to fear of litigation.

Question 48

What is the distinction between operational and policy matters in public body liability?

Answer 48

Public bodies can be held liable for operational matters but not policy decisions.

Question 49

What was the outcome of Phelps v Hillingdon London Borough?

Answer 49

A duty of care was owed because the local authority had assumed responsibility for the child's educational services.

Question 50

In Jebson v Ministry of Defence, what duty did the camp commander owe to the claimant soldier?

Answer 50

A duty of care by impliedly assuming responsibility for his safety.

Question 51

What is the legal stance regarding duty owed to soldiers in active combat conditions?

Answer 51

The army does not owe a duty to soldiers in battle conditions.