Negligence- Duty of Care

• What is negligence defined as in the context of duty of care?

  Failing to do something a reasonable person would do or doing something a reasonable person would not do - Blythe v Birmingham Waterworks co defined it
• Negligence can be done through...

  An act or omission
• What is negligence split up into?

  • Duty of care
  • Breach of Duty
  • Causing Damage
• What does Duty of care focus on?

  The relationship not the events

  • Donoghue v Stevenson - created the neighbour principle which asks are they neighbours (closely and directly affected by D's actions)
• Duty of Care

  Is it a novel type of case - Robinson v CCWY

  • No = courts use precedents to impose duty

  Yes= use reasoning of analogy (find similar case and apply principles) or use Caparo test:

  1. Is the damage reasonably foreseeable - Kent v Griffiths
  2. Is there sufficient proximity between C and D - Bourhill v Young
  3. Is it fair, just and reasonable to impose a duty of care - Hill v CCWY