Duty of care

• Duty of care


  Establishes a legal relationship between the claimant and the D

  Donoghue v Stevenson
• Neighbour Principle

  The person who is owed a duty of care by the D

  TEST:

  • Was the damage foreseeable? (Kent v Griffiths)
  • Is there sufficient proximate relationship between the claimant and the D? (Bourhill v Young)
  • Is it fair, just and reasonable to impose duty? (Hill v Chief Constable of West Yorkshire)