Negligence and OLA

The test to establish duty of care is currently set out in

• Donohuge v Stevenson

• Anns v Mereton BC

• Caparo v Dickman

• All Three

The three factors to be established for duty of care set out in Caparo are....

A case where there was no foreseeability is

• Bourhill v Young

• Kent v Griffiths

• Jolley v Sutton LBC

• Hayley v LEB

Answer explanation

Bourhill is the case about the expectant mother whose baby was still born when she came upon the AFTER MATH of an incident. The courts did not allow her to claim as it would have opened the flood gates

In Osman v Fergueson there was proximity between the police and the victim

• True

• False

In Osman v Fergueson a duty of care was established.

• True

• False

Answer explanation

While in Osman there WAS proximity, the courts held it was not fair, just or reasonable to hold the police responsible so it failed the duty of care test. 

In Home Office v Dorset Yacht Company who was held responsible when the Borstal trainees damaged the plaintiff's yacht?

• The Borstal Trainees

• The Officers in charge of the Trainees

• The Yacht Owner

Answer explanation

This was a special duty situation so it was the officers in charge who were held responsible.

Name two factors that could affect the the standard owed when determining a breach of duty

The standard for experts is set in which case?

In Mullins v Richards the 15 year old girl was held not liable when she was 'fencing' as the danger was not reasonably foreseeable

• Ture

• False

The case explaining res ipsa loquitor is ?