duty of care

• what does the duty of care establish in negligence law?

  It establishes the range of people, relationships, and interests that should be legally protected from negligently inflicted harm.
• Why is deciding whether a duty exists important in negligence cases?

  It filters cases before addressing breach and resulting damage, reducing the number of claims.
• What does the caparo test evaluate in terms of duty of care in negligence ?

  It assesses foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty of care.
• Why was the caparo test criticised ?

  It lacked clarity, making case outcomes unpredictable, and the proximity and "fair, just, and reasonable" aspects were vague and difficult to define.
• What did lord MacMilan state in donoghue v Stevenson about categories of negligence ?

  "The categories of negligence are never closed," suggesting flexibility in applying duty of care to new situations."
• How did Robinson v Cheif constable of west yorskhire clairfy the duty of care?

  It established that the Caparo test is only required for novel cases, not existing duty situations.