Duty of care

• What is the idea of a Duty of Care?

  to establish a legal relationship between parties
• what two ways can a duty of care be established ?


  by applying existing precedent or statutory obligation (Robinson approach)

  where no previous precedent exists, applying the Caparo test
• Give a case example of manufacturer and consumer

  Donoghue v Stevenson
• Give a case example of doctor and patient

  Bolam v Barnet Hospital
• Give a case example of Drivers and other road users

  Nettleship v Weston, Road Traffic Act 1988
• Give a case example of social benefit

  
  

  Day v High performance Sports
• Give a case example of teacher and student

  Simonds v isle of Wight Council
• What is the Robinson approach?


  a judge looks to existing precedent when deciding whether a duty of care exists.
• Breach of duty is made up of what two key parts?


  The reasonable person test and risk factors
• What type of test is the reasonable person test?


  objective
• What case is found in the reasonable person test?


  Blyth v Birmingham Waterworks
• Why is it important that the reasonable person test is objective?


  it generally ignores any particular characteristics of the actual defendant, such as inexperience.
• What are the three parts to the Caparo test?

  Was the harm reasonably foreseeable

  Was there sufficient proximity

  Is it fair, just and reasonable to impose a duty
• What 2 cases are associated with "Was the harm reasonably foreseeable"?

  Kent v Griffiths and Topp v London Country Bus
• What are the 2 cases associated with "Was there sufficient proximity"?

  Bourhill v Young and McLoughlin v O'Brien
• What 2 cases associated with "Is it fair, just and reasonable to impose a duty?"

  • Hill v Chief Constable of West Yorkshire Police
  • Capital and Counties plc v Hampshire CC