WEEK 1 - Duty of Care Flashcards
(28 cards)
What was the key case that first attempted to establish a test for duty of care?
Donoghue v Stevenson (1932)
The case involved a claimant who drank ginger beer containing a decomposed snail and sued the manufacturer for illness.
According to the Neighbour Principle, who is considered a ‘neighbour’ in law?
Persons who are closely and directly affected by an act ought to have reasonably been considered as being affected by the defendants act
The law requires one to contemplate those affected when considering acts or omissions.
What does foreseeability and proximity mean in establishing a duty of care?
- Foreseeability: You must take reasonable care to avoid acts and omissions which you can reasonably foresee
- Proximity: Persons who are closely and directly affected by an act
These are used in the neighbourhood principle test
What was the significance of the case Caparo v Dickman?
It established a three-stage approach for duty of care
This case curtailed the expansive application of duty of care following Donoghue.
What are the three stages that Caparo established?
- Foreseeability of harm - an objective test - what a REASONABLE person would foresee
- There must be sufficient proximity between the defendant and the claimant
- It must be fair, just and reasonable
It is an objective test based on what a reasonable person would foresee.
What does ‘analogy with established authorities’ mean in the context of duty of care?
Using established cases to determine duty of care in novel situations (where there is no established duty)
Courts start with existing authorities to guide decisions in new cases.
What are some policy considerations that affect the courts’ decisions on duty of care?
- Flooding
- Insurance
- Crushing liability
- Deterrence
- Maintenance of high standards
- Defensive practices
What does ‘Floodgates’ refer to in the context of liability?
Fear that allowing one claim will lead to many more claims flooding the courts
How does insurance affect the likelihood of a defendant being found liable?
A defendant is more likely to be liable if they are insured
Insurance provides means to pay damages.
What does ‘Crushing liability’ refer to?
Concerns about finding a party liable for damages disproportionate to the wrong committed
What did the case Robinson v Chief Constable of West Yorkshire Police (2018) establish?
The police owe a duty of care to the public for reasonably foreseeable physical injury during arrests
What is the first step in the flowchart for determining if a duty of care is owed?
Is there a precedent making clear whether or not duty is owed?
What should be considered if there is no clear precedent for duty of care?
- Whether a duty should be imposed by analogy with existing cases
- Reasonably foreseeable harm
- Relationship between claimant and defendant (proximity)
- Fair, just, and reasonable considerations
What is the general rule in liability for omissions?
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 omissions
What are the exceptions to the general rule of omissions in tort law?
- Statutory duty
- Contractual duty
- Control over the claimant
- Assumption of responsibility
- Creation of risk
Fill in the blank: A _______ duty is imposed if a statute requires a party to act.
[statutory]
Fill in the blank: A failure to perform contractual obligations can lead to liability under _______ duty.
[contractual]
What does it mean if a defendant has sufficient control over the claimant?
A positive duty may be imposed to act
What happens if a defendant voluntarily assumes responsibility for a claimant?
A duty of care may be imposed
If a defendant creates a risk through omission, what duty may the law impose?
A positive duty to act
Example of a positive duty imposed by statute?
Occupiers’ Liability Act 1957
Case example for contractual duty?
Stansbie v Troman [1948] 2 KB 48
Case example where the defendant had control over the claimant?
Reeves v Commissioner of Police for the Metropolis [1999] 3 All ER 897
Case example for assumption of responsibility for claimant’s welfare?
Barrett v Ministry of Defence [1995] 1 WLR 1217
