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TORT- ESTABLISHING DUTY OF CARE (There is already an established category…
TORT- ESTABLISHING DUTY OF CARE
There is no established category of DOC :red_cross:
Is there a forseeable risk of harm?
If :check:, is there sufficient proximity?
If :check:, is it fair, just and reasonable to impose a DOC?
If :check:,
Caparo v Dickman
:page_facing_up:Policy arguments against DOC
Floodgates :ocean:
Hill v CC of West Yorkshire
Undermining important public interest e.g. the work of the police :police_car:
Robinson v CC of West Yorkshire
Lack of vulnerability of the claimant :baby::skin-tone-2:
Esanda Finance v Peat Marwick Hungerford
:red_cross: No DOC
:red_cross: No DOC
:red_cross: No DOC
There is already an established category of DoC :check:
Road users to other road users :car:
Nettleship v Weston
Healthcare practictioners :male-doctor::skin-tone-2:
Montgomery v Lanarkshire
Transport operators to passengers :oncoming_bus:
Silverlink Trains v Collins-Williamson
Employers who cause physical harm to employees :briefcase:
Mitchell v Glasgow CC
Teacher towards children :female-teacher::skin-tone-2:
Carmarthenshire CC v Lewis
Manufacturers to consumers
Donoghue v Stevenson
There is an already established category of no DOC
Police officers :female-police-officer::skin-tone-2:
Costello v CC of Northumbria Police
(unless to another officer)
UNLESS there is a prisoner at risk of suicide
Reeves v Commissioner of Police for the Metropolis
Fire services :female-firefighter::skin-tone-2:
Capital and Counties v Hampshire CC
(unless there is a positive act aggravating a situation)
Ambulance services :ambulance:
Kent v Griffiths
Pure omissions :wastebasket:
Smith v Littlewoods
UNLESS Although D may not have caused the initial risk, can be possible to 'adopt' it and assume a DOC
Goldman v Hargrave