Tort Law: Establishing Duty of Care

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Last updated: September 7, 2023

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Hint	Answer
What case began the concept of a DoC?	Donoghue v Stevenson [1932]
What was the test/principle set out in this case?	Neighbour principle
What was this?	Reasonable care to avoid harm to neighbour
What must the harm be?	Reasonably foreseeable
What case employed the two stage test?	Anns v Merton LBC [1978]
What was the two stage test?	Relationship of proximity
What was the two stage test?	Did D owe a duty of care under the circumstances
Why was this test controversial?	Too broad of a scope

Hint	Answer
Current leading case?	Caparo v Dickman [1990]
What was the three stage test?	Was harm reasonably foreseeable?
	Proximity
	Fair, just and reasonable to impose a DoC
When should the courts look to Caparo?	For new cases (no analogous cases)
How should the law be developed when no previous precedents available?	Incrementally
What Supreme Court case confirmed this?	Robinson v CC West Yorkshire Police [2018]