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12 Cards in this Set

  • Front
  • Back
What are uncontentious areas where a duty arises?
Doctor to Patient- Pippin v Sheppard.

Manufacturer to Consumer- Donoghue v Stevenson.

Solicitor to Client- Groom v Crocker
What requirements were laid out in Anns v Merton for duty of care?
1) Foreseeability
2) Fairness, justice & reasonableness.
How was Anns adapted in Caparo Industries v Dickman?
Rejected the approach set out in Anns, and established the 3-stage test:

1) Foreseeability to harm
2) Proximity
3) Fairness, justice and reasonableness.
In what case did Lord Bingham and Mance specifically approve of the application f the incremental approach?
Customs & Excise Commissioners v Barclays Bank
What different things can proximity mean?
1) Physical closeness
2) Contractual or other pre-existing relations
3) Assumption of responsibility by the defendant.
What does Witting argue is the purpose of proximity?
To establish the person 'most appropriately placed to avoid damage to the claimant.'
In what way do the courts exercise their discretion?
Through the requirement of fairness, justice and reasonableness- they consider whether imposition of a duty in the circumstances would fulfil the 3 criteria.
Which case contains the policy argument that persons should take responsibility for themselves?
Tomlinson v Congleton BC.
How did policy considerations come into play in Bishop Rock Marine (The Nicholas H)?
-Lord Steyn argued that to impose a duty of care would upset the balance created by the rules of liability between shippers and cargo owners under the international convention.

-The defendant was an independent, non-profit making entity, created and operated for the sole purpose of promoting the collective welfare.
What were the policy considerations in Hill v Chief Constable of West Yorkshire?
-It would be unfair to impose a duty on the police during the investigation of a crime.- They cannot generally be held liable for careless conduct - it would be a diversion of police resources and could lead to them acting in a detrimentally defensive manner
What 'scope of duty' did Lord Oliver speak of in Caparo?
-If C and D pass each other on the street, each owes a duty not to cause physical harm to the other. However, psychiatric illness/ economic loss must be established differently.
What does 'psychiatric illness' include?
1) Hysteria- Wild, uncontrolled emotion.

2) Neurosis- Irrational or depressive thought.

3) Depression.

4) PTSD