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15 Cards in this Set
- Front
- Back
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What is the origin of DOC |
The neighbour principle (Donoghue v Stevenson) |
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Donoghue v Stevenson |
The neighbour principle was established to decide whether a DOC is owed |
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What is the neighbour principle? |
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour |
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Who is a neighbor? |
A person who the D ought to have in mind who might potentially be injured by your act or omission |
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What test replaced the neighbour principle + case |
The three part test created in Caparo v Dickman |
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When is the test used? |
In novel situations |
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What is the first test? |
Was the harm or damage reasonably foreseeable? |
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Kent v Griffiths |
The test looks at whether a reasonable person in the D's position would have foreseen that the claimant might be injured |
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What's the second test? |
Is there a sufficiently proximate relationship between the claimant and defendant |
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In what ways can the relationship be close |
In space, time or relationship |
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Bourhill v young |
Those whom it may be reasonably anticipated to be affected by the act will be considered sufficiently proximate |
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What kinds of special relationship are there |
Parent and children School and children Employers and employees Sellers and consumers |
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McLoughlin v O'Brien |
Claimants who are directly related to V (immediate family) will be considered proximate if they come within the 'immediate aftermath' |
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What is the third test |
Is it fair, just and reasonable to impose a DOC on the defendant. Aka the policy test |
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Hill v CCWP |
Courts are reluctant to place a DOC on public bodies unless damage occured by a direct action of the public body |
