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Negligence (II) (1) Duty of Care (How to know when it arise? (2-stage Test…

- - - - Foreseeability that actions will affect others
      - Case law: Donoghue V Stevenson
    - - Was there proximity between the parties?
      - Case law: Spandeck Engineering (S) Pte Ltd V Defence Science & Technology Agency
      - Are there public policy reasons no to impose DOC?
      - Case law: Hill v Chief Constable of West Yorkshire
- - - - Would the damage have happened if not for D's negligence?
      - Case law: Barnett V Chelsea Hospital
      - Case law: Fitzgerald V Lane
  - - - Was the kind of damage suffered by P reasonable foreseeable by the D at the time of his breach?
      - Case law: The Wagon Mould (No.1)
- - - - Did the defendant do what a reasonable man in the same position would have done?
      - Case law: Roe V Minister of Health
      - Case law: Bolton V Stone
      - Case law: Haley V London Electricity Board
    - - Child and Adult
    - - Compare the standards of the skills
    - - What would normally be done
    - - Higher SOC if there is anticipated great harm