Flashcards
DUTY OF CARE
Cards in this deck (17)
- 1what is the current approach of duty of care?Caparo - 'incremental approach'. If novel claims, we follow the 3 stage test:
1) reasonably foreseeable
2) proximity of relationship
3) fair, just and reasonable - 2What three ways can you restrict claims?1) Omissions
2)Public Bodies
3) Psychiatric harm - 3What is the general rule of omissions and what case did this come from?The general rule is that there is no duty to act to prevent harm, and this was held in AG v HK.
- 4Barrett v MoDonce a responsibility is assumed, a duty of care arises.
- 5Stansible v TromanNo duty to prevent a third party from causing harm, unless responsibility is assumed.
- 6Mitchell v GlasgowNo duty to warn others of a criminal act unless responsibility is assumed
- 7Home Office v DorsetDuty only arises in circumstances relating to the relationship.
- 8What are the two public body cases and what do they tell us about duty of care?Hill - police have no duty to protect public from crime.
Smith - no duty, even when police fail to respond to a specific threat. - 9If someone dies shortly after physical injury they can claim for psychiatric harm but the length of time is crucial (2 cases)?Hicks - 30 minutes is too short
Roberts - 4 days is sufficient. - 10pure psychiatric harmMcloughlin - harm must be a positive psychiatric illness
Nicholls - anxiety is not sufficient - 11what does the case of Delieu tell us?that the claimant must have been in the physical zone of danger
- 12Page v Smith?provided some personal injury was foreseeable, duty arises.
- 13Grieves?harm must be as a result of an event, not fear of it.
- 14MacFarlane?the duty of care can arise if:
1) Claimant's fear of danger is genuine
2) a person of ordinary fortitude would suffer psychiatric harm. - 15Secondary victims - shock?Sion v Hampstead - psychiatric harm must be included by shock (2 weeks not sufficient).
Walters - 36 hours held as sufficient
Berisha - 36 hours held as insufficient, had warning. - 16secondary victims - foreseeability?Bourhill - psychiatric harm must have been foreseeable to a person of normal ordinary fortitude.
- 17secondary victims - proximity?Alcock - close tie of love and affection
McLoughin - must witness or come upon the immediate aftermath of the event (1 hour) whereas in Alcock 9 hours insufficient.
Palmer - claimant must experience event first hand.
Alcock - TV broadcast is insufficient unless loved on is injured.
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- Law Flashcards on DUTY OF CARE, created by JACK MITCHELL on 13/05/2017.
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- JACK MITCHELL
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