Public policy -duty of care

• What is required for a person to be liable in Tort?

  A duty of care must be owed
• What establishes a duty of care between parties?

  A legal relationship must exist
• What must be applied before creating new duties in Tort law?

  The fairness test from Caparo v Dickman
• Why do we apply the fairness test before creating new duties?

  To prevent floodgates of litigation
• What is the aim of Tort law?

  To protect claimants and balance interests
• What concerns do courts have regarding litigation?

  Increase in cases causing delays and expenses
• How did the courts balance interests in Hill v Chief Constable of West Yorkshire?

  Police were not held responsible for crime detection
• What was the outcome of Robinson v Chief Constable of West Yorkshire?

  Police can be sued for negligent actions
• What does the fairness test achieve in Robinson's case?

  Balances needs of both parties while limiting claims
• What was the ruling in Kent v Griffiths regarding the ambulance service?

  They were liable for being late
• What caused the asthmatic woman to have a heart attack in Kent v Griffiths?

  Ambulance service was late without valid reason
• What does the case of Kent v Griffiths illustrate about duty of care?

  It shows fairness in emergency service liability