duty of care

• Where did the modern law of negligence originate?

  The case of Donoghue V Stevenson, which for the first time established the broad principle of when a duty of care was owed (The Neighbour Principle) and of general liability in negligence.
• What was the Neighbour Principle replaced by?

  A three-part-test set out by the House of Lords in the case of Caparo V Dickman (1990).
• What is the three-part Caparo Test?

  • Was the damage or harm reasonably foreseeable?
  • Is there a sufficiently proximate relationships between the claimant and the defendant?
  • Is it fair, just, and reasonable to impose a duty of care?
• What does the Caparo test set guidelines for?

  To help a court decide whether to extend liability into "new areas".
• What is foreseeable harm/damage?

  This is where a reasonable person could foresee that damage or harm could be caused to another person by their actions or omissions.
• What is proximity of relationship?

  A duty of care will only exist if the relationship between the claimant and the defendant is sufficiently close or proximate in time, space, or relationship.
• What are two examples of cases for there being a proximity of relationship?

  Bourhill V Young and McLoughlin V O'Brian
• What does it mean if it must be fair, just, and reasonable to impose a duty of care?

  This allows the courts to consider if the law ought to impose a duty of care on the defendant: they are considering what is best for society while considering whether by allowing a claim, they will be "opening the floodgates" to any future claims.
• What is an example of a case of it being fair, just, and reasonable to impose a duty of care?

  Hill V Chief Constable of West Yorkshire
• What is an example of a case of damage/harm being reasonably foreseeable?

  Kent V Griffiths