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tort law - Coggle Diagram

- - - - caparo test (caparo v dickman)
        
        is there a proximity of relationship between claimant and defendant?
        
        bourhill v young
        
        it is not proximate for d to anticipate that his accident would cause mental harm or injury
        
        even if harm is reasonably foreseeable a duty of care can only exist if there is a proximity of relationship between C and D
        
        is it fair, just and reasonable to impose a duty?
        
        courts are reluctant to find it fair, just and reasonable to impose a duty on public authorities e.g. the police
        
        hill v chief constable of west yorkshire
        
        is the harm or damage reasonably foreseeable?
        
        kent v griffiths
        
        ambulance failed to arrive when C suffered athsma attack depsite reassurances it would arrive
        
        this depends on the facts of the case
    - - examples
        
        professionals
        
        judged according to the standards in the profession
        
        bolam v friern barnet hospital management
        
        medical treatment
        
        learners
        
        judged according to the competent and experienced
        
        nettleship v weston
        
        children
        
        judged according to the reasonable standard of a child the same age
        
        mullin v richards
      - size of risk
      - vulnerability