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unit 2: section B
Negligence
Caparo test
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Cards (8)
what case established the caparo test?
Caparo industries
v
Dickman
what are the 3 questions of the caparo test?
is the
damage reasonably foreseeable
?
Is there a
sufficiently close relationship
between the
claimant
and the
defendant
?
Is it
'fair
,
just
and
reasonable'
to impose a
duty
of
care
?
what cases show that damage being reasonably foreseeable is dependent on the facts of the case?
Kent
v
Griffiths
Bourhill
v
Young
what cases show no proximity between the claimant and the defendant?
Bourhill
v
Young
Hill
v
Chief Constable
of
west yorkshire
which case was it decided that the police do not owe the general public a DOC?
Hill
v
chief constable
of
west yorkshire
what is the general rule for the emergency services owing the public a duty of care?
Generally speaking, the
emergency services
do not owe the public a
duty
of
care
What is the significance of the case of Capital & counties PLC v Hampshire county council?
The courts decided to
impose
a
duty
of
care
on the
fire brigade
as they had created
increased damage
which case criticised the caparo test?
Robinson
v
Chief constable
of
west yorkshire