Duty of Care

• What is the basis of negligence?

  Negligence relies on the concept that the act was unintentional.
• What happens if an act is intentional in the context of negligence?

  If the act was intentional, it would be classified as a trespass act.
• Which case is referenced for deciding between intentional and unintentional acts?

  Letang v Cooper
• What are the requirements to establish a duty of care in negligence?

  1. Duty of Care
  2. Breach of Duty of Care
  3. Causation

  • Factual
  • Legal

  1. Caused Recoverable Damages/Loss/Harm
• What must be determined if all requirements for a duty of care are satisfied?

  Whether the defendant has any defense, such as contributory negligence.
• What is the significance of the case Heaven v Pender?

  It is part of the early duty of care principle (Pre-Donoghue).
• What is Donoghue v Stevenson (1932) known for?

  It is notorious for developing negligence cases.
• What question did Lord Atkinson pose in Donoghue v Stevenson?

  “Who then is my neighbour?”
• What principle did Lord Macmillan emphasize in Donoghue v Stevenson?

  “Duty to take care”
• Which case is associated with the post-Donoghue duty of care principle?

  Anns v Merton LBC
• What is the 'neighbour principle' established in Home Office v Dorset Yacht Co. Ltd (1970)?

  It refers to the duty of care owed to those who are closely and directly affected by one's actions.
• What changes occurred in the duty of care principle post-1980?

  • Introduction of slight restrictions
  • Too many duty of care scenarios led to restrictions
  • Key cases:
  • Governors of Peabody Donation Fund v Sir Lindsay Parkinson & Co
  • Yeun Kun-Yen v AG
• What was the impact of Caparo Industries v Dickman on the duty of care principle?

  • It restricted 'new' duties of care.
  • Established criteria:

  1. Proximity
  2. Foreseeability
  3. Just, fair, and reasonable
• What is the present position on the duty of care as of the 2010s?

  Robinson v Chief Constable of West Yorkshire [2018] Supreme Court emphasized incremental development of the law.
• How is a duty of care established today?

  1. Find an existing authority that matches the case.
  2. Find an existing authority and apply by analogy.
  3. Overcome Caparo hurdles for novel situations:

  • Foreseeability
  • Proximity
  • Just, fair, and reasonable
• What is the starting point regarding liability for omissions?

  There is no liability for not acting; no positive duty to act.
• What are the three exceptions to the rule of no liability for omissions?

  1. Control
  2. Assumption of responsibility
  3. Creation of adopted risk
• What does the control exception imply in duty of care?

  The defendant should owe a duty to the claimant.
• Which case illustrates the control exception in duty of care?

  Carmarthenshire County Council v Lewis (1955)
• What does the assumption of responsibility exception entail?

  It involves assuming responsibility for the claimant’s wellbeing or safety.
• What does the creation or adoption of risk exception imply?

  If the risk has been created by oneself, there is a positive duty to deal with that risk.
• Which case is associated with the assumption of responsibility exception?

  Costello v Chief Constable of Northumbria Police (1999)
• What is the significance of Barnett v Ministry of Defence (1996)?

  • It illustrates the assumption of responsibility exception.
  • Highlights the duty of care owed by authorities.