Cards (8)

  • element 1 = the defendant owes the victim a duty of care
  • adamako
    • ordinary principles of negligence should be applied
    • a doctor owes his patients a duty of care
  • evans
    • duty of care will arise where defendant creates dangerous situation which they ought reasonably to have known was life-threatening
    • defendant provided victim with heroin which created duty of care / dangerous situation
  • smith
    • spouses owe each other a duty of care
  • singh
    • landlord owes tenants duty of care
  • caparo v dickman
    three tests to establish duty of care:
    1. reasonable foreseeability
    2. proximity between defendant and victim
    3. is it fair, just and reasonable to impose a duty
  • wacker
    • just because defendant is acting criminally does not prevent a duty of care
  • willoughby
    • duty of care can arise from multiple factors