Negligence - Duty of Care

7 terms by ledders 

Ready to study?
Start with Flashcards

Create a new folder

Advertisement Upgrade to remove ads

Donoghue v Stevenson

Established the neighbour principle

The neighbour principle

'You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour'

Lord Atkin's definition of neighbour

'persons who are so closely and directly affected by my act that I ought to have them in my contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question'

Caparo Industries v Dickman

Case which restates the neighbour principle. IN order to establish if a duty of care exists the three points must be considered:
1) Reasonable forgeability of harm
2) Sufficient proximity of relationship
3) Fair, just and reasonable to impose a duty

Bourhill v Young

Rule: Bourhill NOT a foreseeable victim, so no DUTY OF CARE
Fact: C heard car crash and went to see it. She saw blood on raod and claimed she suffered shock and miscarriage. Def= dead motorcyclist who caused accident.

No proximity of relationship in....

....omissions, PEL, PPH

Marc Rich v Bishop Rock Marine

Rule: not FJR to impose a duty on a non-profit organisation. Nb. third two limbs of Caparo were satisfied.

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set