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Tort law
Duty of care
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Created by
Charlene koomson
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Cards (22)
What case established the duty of care principle in tort law?
Donoghue v Stevenson
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What did Mrs. D find in her ginger beer?
Decomposed remains of a
snail
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Why did Mrs. D become ill?
Due to the sight and the
ginger beer
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Why did Mrs. D have no direct claim against the manufacturer?
She
didn't
buy
the
ginger
beer
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What could Mrs. D's friend claim against the cafe?
Money back for
defective
goods
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What damages did Mrs. D claim against Stevenson?
Shock
and
stomach
upset
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What was the year of the Caparo v Dickman case?
1990
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What did the investigator claim against the auditors in Caparo v Dickman?
Inaccurate
records
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What are the three elements to establish a duty of care?
Foreseeability
,
proximity
,
reasonableness
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What does foreseeability in duty of care imply?
A person in the
claimant's
position may be injured
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What was the outcome of Donoghue v Stevenson regarding foreseeability?
Claimant
may be injured from foreign objects
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What duty of care did the ambulance service owe in Kent v Griffiths?
To arrive promptly for the caller
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What was the claimant's situation in Bourhill v Young?
She witnessed the
aftermath
of an accident
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Why did the court rule against the claimant in Bourhill v Young?
She was in a safe place and saw
aftermath
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What was the outcome of McLoughlin v O'Brien regarding duty of care?
A duty of care was owed to
Mrs. M
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What was the reason for the duty of care in McLoughlin v O'Brien?
Proximity
of relationship
established
duty
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What was the ruling in Hills v Chief Constable of West Yorkshire?
No
duty of care
owed to potential victims
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What was the outcome of MPC v Reeves regarding duty of care?
Police owed a duty of care to him
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What was the decision in Mitchell v Glasgow City Council?
No duty to
warn
the
neighbor
was established
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Why was it not reasonable to impose a duty of care in Mitchell v Glasgow City Council?
Public policy
did not support imposing duty
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How does the concept of proximity affect duty of care in tort law?
It establishes a relationship between
parties
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What is the significance of reasonableness in establishing duty of care?
It assesses fairness in imposing
liability
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