Duty of Care

• What case represents the employer versus employee relationship?

  Paris v Stepney
• Which case involves an ordinary person performing a task?

  Wells v Cooper
• What case pertains to learners in a legal context?


  Nettleship v Weston
• Which case involves an ambulance's duty to a patient?

  Kent v Griffiths
• What case addresses the relationship between a police officer and an identified person?


  Hill v WY CC
• Which case discusses the duty of a doctor to a patient?

  Bolam v Friern HMC
• What case involves children playing?

  Mullins v Richards
• Which case defines the standard of a reasonable sportsman?

  Bolton v Stone
• What case represents the relationship between a manufacturer/business and a consumer?

  Donoghue v Stevenson
• Which legal framework addresses the occupier's duty to visitors and trespassers?

  Occupier’s Liability Act
• What case involves cyclists and road users?

  Taylor v Goodwin
• However if the cases are not the same the judge should reason by analogy, meaning they look at a similar case and decide if a duty should be owed.
• An example of reasoning by analogy is Robinson V CC of WY.
• If a case is truly novel, 'the three part Caparo test' is applicable.
• The first stage of the Caparo Test it must be shown that the loss suffered by the claimant was reasonably foreseeable.
• The third stage of the Caparo Test requires the court to consider whether it would be fair, just and reasonable to impose liability on the defendant.
• The second stage of the Caparo Test is whether there was a sufficient proximity (physical, time or relationship.) between the claimant and defendant.
• Kent V Griffiths 2000 is a case example that held the outcome of further injury from the asthma was reasonably foreseeable.
• Even if the outcome is reasonably foreseeable, a breach can only be established if there was a sufficient proximate relationship between the defendant and the claimant.
• A case example of the Close Proximity Test is Bourhill V Young 1943 which held that there was not a sufficient proximate relationship present between pregnant woman and accident.
• Courts are more reluctant to impose a duty of care on public authorities such as the police due to third question, whether it is Fair, just and reasonable.
• F, J and R case example, Hill V West Yorkshire Police 1989, held it was not fair, just and reasonable to impose a duty of care on the police for potential unidentified victims.