Negligence writing frame (DUTY)
INTRODUCTION
C may be able to claim for their injuries under the tort of negligence
In order for C to prove negligence, there must be a duty of care owed by
D to C, this duty must then be breached and that the damage caused to C
was a result of the breach.
DUTY OF CARE
First, in order for D to owe C a duty of care, he must satisfy the 3-part
test, set out in Caparo v Dickman.
The damage must be reasonably foreseeable, there must be a proximity
of relationship and if it was fair, just and reasonable to impose a DOC
The damage being reasonably foreseeable is an objective test, what a
reasonable person would have done in the alleged negligence.
It was reasonably foreseeable that by doing ____ , _____ would result as
(reasonable person) This can be seen in Kent v Griffiths.
There is also a relationship of proximity because ______ (in terms of time,
space and relationship)
This proximity can take place from time to relations as seen in
McLoughlin v O’Brien / Bourhill v Young.
It is fair, just and reasonable because _____ . ( unreasonable when a
burden is placed)
But where it is deemed unfair was shown in The Yorkshire Ripper as the
police cannot owe a common duty of care to the public and as such
avoids possible floodgates.
By satisfying these parts of the elements, D owes a duty of care to C.
INTRODUCTION
C may be able to claim for their injuries under the tort of negligence
In order for C to prove negligence, there must be a duty of care owed by
D to C, this duty must then be breached and that the damage caused to C
was a result of the breach.
DUTY OF CARE
First, in order for D to owe C a duty of care, he must satisfy the 3-part
test, set out in Caparo v Dickman.
The damage must be reasonably foreseeable, there must be a proximity
of relationship and if it was fair, just and reasonable to impose a DOC
The damage being reasonably foreseeable is an objective test, what a
reasonable person would have done in the alleged negligence.
It was reasonably foreseeable that by doing ____ , _____ would result as
(reasonable person) This can be seen in Kent v Griffiths.
There is also a relationship of proximity because ______ (in terms of time,
space and relationship)
This proximity can take place from time to relations as seen in
McLoughlin v O’Brien / Bourhill v Young.
It is fair, just and reasonable because _____ . ( unreasonable when a
burden is placed)
But where it is deemed unfair was shown in The Yorkshire Ripper as the
police cannot owe a common duty of care to the public and as such
avoids possible floodgates.
By satisfying these parts of the elements, D owes a duty of care to C.
