Duty of Care in Legal Cases

Which case established the 'Neighbour principle' in the context of duty of care?

• Donoghue v Stevenson (1932)

• Caparo v Dickman (1990)

• McLoughlin v O'Brian (1982)

• Hill v Chief Constable of West Yorkshire (1990)

What are the three-part tests established in Caparo v Dickman (1990) for duty of care?

• Injury or damage must be reasonably foreseeable, proximity of relationship, fair just and reasonable to owe a duty

• Proximity of relationship, duty of care, breach of duty

• Reasonably foreseeable, breach of duty, causation

• Duty of care, breach of duty, damages

In which case did the court rule that it was not fair, just, or reasonable for the police to owe a duty of care to a member of the public not known to them?

• Hill v Chief Constable of West Yorkshire (1990)

• McLoughlin v O'Brian (1982)

• Kent v Griffiths (2000)

• Bourhill v Young (1943)

In the case of McLoughlin v O'Brian (1982), what was the reason for the duty of care owed?

• Mother suffered shock when saw injured family in hospital

• Woman had accident and suffered shock when saw blood on road

• Ambulance took unreasonable time to arrive

• Injury or damage must be reasonably foreseeable

What was the judgment in the case of Kent v Griffiths (2000)?

• Ambulance took unreasonable time to arrive and take patient to hospital

• Woman had accident and suffered shock when saw blood on road

• Mother suffered shock when saw injured family in hospital

• Not fair, just or reasonable for police to owe a duty to member of public not known to them

What is the legal significance of the case Robinson V the chief constable of West Yorkshire police (2018)?

Answer explanation

This case established that the police do duty of care to the general public but more significantly ruled that the Caparo test need only be applied in novel, where there is no analogist case.