Caparo test

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