Owed a duty of care to claimant

• A  party will not liable for every negligent act committed
• The test is objective
• It does not look at what the defendant could actually foreseeable
• Duty of care test Caparo 3 stage test
• Was the harm or loss caused reasonably foreseeable
• Was there a sufficient relationship of proximity between the claimant and the defendant - Personal relationship
• Was it fair just and reasonable to impose a duty care?
• Economic loss as a consequence of personal injury or damage to property is covered
• Pure economics is not recoverable