Duty of care

• When is the Caparo test for a duty of care applied?

  In 'novel' situations
• Which case tells us the Caparo test is not needed where there is a previously established duty of care?

  Robinson
• What is the first element of the Caparo test?

  Was harm/damage reasonably foreseeable
• What is the second element of the Caparo test?

  Proximity between claimant and defendant
• What is the third element of the Caparo test?

  Fair, just and reasonable to impose a duty of care on the defendant
• What is a case for the first element of the Caparo test?

  Kent
• What is a case for the second element of the Caparo test?

  McLoughlin
• What is a case for the third element of the Caparo test?

  Hill
• What are some examples of already established duties in Robinson?

  Doctor to patient (Montgomery)

  Sportsmen (Condon)

  Road users (Nettleship)

  Lawyers and clients (Arthur)

  Employer to employee (Walker)
• What test is used in 'novel' situations?

  Caparo