Establishing a DOC

• What is the first element that a claimant must prove in a negligence claim?

  The C must prove that the Defendant owes them a duty ofcare. This is to establish a legal relationship between the parties. It is developed through judicial precedent
• What are the 3 ways of establishing a duty of care?

  Original, caparo and Robinson test
• What was the original test to see if there was a duty of care called, who made it and by which case?

  Lord Atkin made the original test in the case of Donoghue v Stevenson. it was called the neighbor principle.
• What are the 3 questions asked by the caparro test?

  Is the damage reasonably foreseeable ? Is there sufficient proximity between the C and D? Is it fair just and reasonable to impose a duty care?
• Which case made the Caparo test?

  Caparo Industries v Dickman
• In terms of if the damage is reasonably foreseeable in the Caparo test, what is the significance of the case of Kent v Griffiths?

  It is an example of where the damage to the claimant is reasonably foreseeable.
• Which case in the context of the caparo test shows the damage being reasonably foreseeable towards the claimant?

  Kent v Griffiths
• What is the significance of Bourhill v Young in terms of if the damage is reasonably foreseeable in the Caparo test?

  It is an example of the damage not being reasonably foreseeable.
• What case in the context of the caparo test shows the damage towards the claimant not being Reasonably foreseeable ?

  Bourhill v Young
• In terms of if there is a sufficiently close relationship between the C and D in the caparo test, what 3 factors are considered ?

  Time

  Space

  relationship
• WHat cases show a not sufficiently close relationship between the C and D in terms of the Caparo test?

  Hill v Chief Constable of West Yorkshire

  Bourhill v Young
• Which case shows how the courts rarely impose a duty of care on the public authorities ?

  Hill v Chief Constable of West Yorkshire
• What is the significance of the case of Hill v Chief Constable of West Yorkshire?

  It shows how the courts rarely impose a duty of care on public authorities because they feel it is not fair, just and reasonable to do so. Unless they do something which increases the danger.
• Which case gives an example of the courts deciding it was fair just, and reasonable to impose a duty of care?

  Capital and Counties PLC v Hampshire County Council
• What is the Robinson test?

  It asks that a duty should be identified through precedent, and existing statutes and as such should be identified through analogy. Where there is an existing or analogous duty that canbe applied, the courts do not need to consider the Caparo test, as such consideration has already been determined, recognising the duty.
• What does the Robinson test say to do if there is a novel situation?

  If there is a novel situation, where it has not been previously decided if a duty exists or when the court is being asked to depart from a decided precedent the Caparo test can be used to decide if a duty is present
• What is the significance of Mitchell v Glasgow City council 2009?

  It shows how a duty to warn another person that he is at risk

  of loss, injury or damage as the result of the criminal act

  of a third party will arise only where the person who is

  said to be under that duty has, by his words or conduct,

  assumed responsibility for the safety of the person who

  is at risk.
• What case shows that a duty to warn another person that he is at risk of loss, injury or damage as the result of the criminal act

  of a third party will arise only where the person who is

  said to be under that duty has, by his words or conduct,

  assumed responsibility for the safety of the person who

  is at risk.

  Mitchell v Glasgow City Council
• What is the significance of the case of Darnley v Croydon NHS trust?

  It shows that a duty to take reasonable care not to cause physical injury is owed by those who provide and run a casualty department
• What case shows how a duty to take reasonable care not to cause physical injury is owed by those who provide and run a casualty department

  Darnley v Croydon NHS trust 2018
• Which case gives an example of where a new DOC had to be made according to the Robinson test?

  Sumner v Colborne