Negligence: Duty Of Care
Duty Of Care Explanation
Caparo v Dickman (1990) 1) Was harm reasonably foreseeable?
2) Was there sufficiently close proximity between C and D?
3) Is it fair, just and reasonable to impose a duty of care?
Robinson v CCWY (2018) The Caparo test does not have to be strictly applied in every case, instead the courts should look to
existing statutes and precedents and identify duties through analogy.
Cases:
> Kent v Griffiths (2000): The ambulance service owes a duty.
> Mullin v Richards (1998): Children owe a duty to each other.
> Bolam v Friern Hospital Management Committee (1957): Doctors owe patients a duty.
> Nettleship v Weston (1971): Drivers owe a duty to other drivers.
> Paris v Stepney Borough Council (1950): Employers owe a duty to employees.
> Watt v Hertfordshire CC (1954): Fire service owe a duty.
> Hall v Simons (2000): Solicitors owe clients a duty.
> Sayers v Harlow Urban District Council (1958): Local authorities owe a duty.
> Donoghue v Stevenson (1932): Manufacturers owe a duty.
> Robinson v Chief Constable of West Yorkshire (2018): Police officers owe a duty.
> Miller v Jackson (1977): Property owners owe a duty.
> The Wagon Mound (1961): Transport companies owe a duty.
> Haley v London Electricity Board (1965): Workmen owe a duty.
> Children and Young Persons Act 2008: Parents owe a duty of care to children.
> Childcare Act 2006: Others looking after children owe a duty.
Duty Of Care Explanation
Caparo v Dickman (1990) 1) Was harm reasonably foreseeable?
2) Was there sufficiently close proximity between C and D?
3) Is it fair, just and reasonable to impose a duty of care?
Robinson v CCWY (2018) The Caparo test does not have to be strictly applied in every case, instead the courts should look to
existing statutes and precedents and identify duties through analogy.
Cases:
> Kent v Griffiths (2000): The ambulance service owes a duty.
> Mullin v Richards (1998): Children owe a duty to each other.
> Bolam v Friern Hospital Management Committee (1957): Doctors owe patients a duty.
> Nettleship v Weston (1971): Drivers owe a duty to other drivers.
> Paris v Stepney Borough Council (1950): Employers owe a duty to employees.
> Watt v Hertfordshire CC (1954): Fire service owe a duty.
> Hall v Simons (2000): Solicitors owe clients a duty.
> Sayers v Harlow Urban District Council (1958): Local authorities owe a duty.
> Donoghue v Stevenson (1932): Manufacturers owe a duty.
> Robinson v Chief Constable of West Yorkshire (2018): Police officers owe a duty.
> Miller v Jackson (1977): Property owners owe a duty.
> The Wagon Mound (1961): Transport companies owe a duty.
> Haley v London Electricity Board (1965): Workmen owe a duty.
> Children and Young Persons Act 2008: Parents owe a duty of care to children.
> Childcare Act 2006: Others looking after children owe a duty.
