Duty - AQA AS Law Unit 2

Question	Answer
Define Negligence	a legal duty of care that has been breached and the breach has caused damage.
when would you act under a duty of care?	Donohue v Stevenson - avoid acts that would be reasonable forseeable to injure your neighbour (closely or directly effected by my act) - Caparo v Dickman = neigbour test
Name the 3 parts of the neighbour test:	1. reasonably foreseeable 2. sufficient proximate relationship 3. fair reasonable and just to impose a duty
1. damage or harm reasonably forseeable	yes - Kent v griffiths ambulance failed to arrive earlier - forseeable that har would occur no - Bourhill V Young motocyclist would not have seen the damage to baby
2. sufficiently proximate relationship between the claimant and the defendant	yes - osman v ferguson real risk of attack on school boy as close relationship no - hill v chief constable of west yorkshire - didn't know next victim
3. fair, just and reasonable	yes - capital and counties plc. v hampsire county council - firemen turned off sprinkler system no - hill v chief constable of west yorkshire - done everything they could

Resource summary

	Created by Erin Ashby almost 9 years ago