Duty of Care

Which case gives the most up to date test for establishing a duty of care?

• Mulcahy v MOD

• Robinson v Chief Constable of West Yorkshire Police

• Donoghue v Stevenson

• Caparo Industries PLC v Dickman

From Robinson, in which circumstances do you NOT need to use Caparo to establish a duty of care?

• Where a new point of law is considered

• If there is a statutory duty

• If you can reason by analogy

• If there is an established duty in place or a precedent

Caparo SHOULD be used if there is a (a)   case

What are the three stages of the Caparo test?

• Fair, just and reasonable

• Being a neighbour

• Reasonably foreseeable

• Proximity

Explain what reasonably foreseeable means and give a case example to illustrate

Explain what proximity means and give a case example to illustrate

Explain what fair, just and reasonable means and give a case example to illustrate

Do you think it is a positive of negative that the test for duty of care has changed over the years?

• Positive impact

• Negative impact

Explain WHY you believe the change in tests has been positive or negative

List 3 established duty situations