Duty of Care - Historical Development

val.corbett
Mind Map by , created about 6 years ago

Mind Map on Duty of Care - Historical Development, created by val.corbett on 07/24/2013.

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val.corbett
Created by val.corbett about 6 years ago
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Duty of Care - Historical Development
1 Donoghue v Stevenson [1932] - snail in a bottle
1.1 Duty established by: 1. Foreseeability of the harm and 2. Proximity of relationship
2 Anns v Merton London Borough Council [1978]
2.1 Two Stage Test: 1. Relationship of neighbourhood/proximity? Prima facie duty of care arises. 2. Policy Considerations
3 Yuen Kun-Yeu v AG of Hong Kong [1987] - critical of liberal interpretation of Anns
4 Caparo Industries v Dickman [1990] - three stage test for establishing a duty of care: 1. Reasonable Foreseeabiity 2. Proximity 3. Just, fair and reasonable
4.1 *Three separate distinct hurdles to be negotiated. Introduced concept of "just, fair and reasonable"
4.1.1 The duty was to develop "incrementally" by analogy to other estd cases
5 Ward v McMaster & Louth Co Co [1988] - McCarthy J of the SC appeared to reject concept of incrementalism and favoured approach based on foreseeability/proximity/policy
6 Glencar Exploration v Mayo Co Co [2002]
6.1 Keane CJ of the Supreme Court introduced concept of "just, fair and reasonable" into the equation. Adopted incrementalism
6.2 Breslin v Corcoran [2003] - Glencar approved

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