Duty of care

Cards (22)

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