duty

• ++ supports aims of tort - morality (neighbour principle)
• -- caparo test - fair, just and reasonable test is vague and unpredictable (favours public authorities) (hill) may cause defensive policing, medicine
• ++ caparo test - fair, just and reasonable (hill) vagueness can be good as courts decide case by case, prevents floodgates
• -- foreseeable and reasonable are subjective terms
• ++ only apply caparo test in novel circumstance (robinson) better, saves time
• -- no definition for proximity, too vague with unclear case law (bourhill)
• ++ (bourhill) prevents floodgates
• -- overlap of foreseeability between caparo and remoteness for damage