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Duty of Care

Total questions: 10

Worksheet time: 26mins

Name
Class
Date
1.

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

a)

Mulcahy v MOD

b)

Robinson v Chief Constable of West Yorkshire Police

c)

Donoghue v Stevenson

d)

Caparo Industries PLC v Dickman

2.

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

a)

Where a new point of law is considered

b)

If there is a statutory duty

c)

If you can reason by analogy

d)

If there is an established duty in place or a precedent

3.

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

4.

What are the three stages of the Caparo test?

a)

Fair, just and reasonable

b)

Being a neighbour

c)

Reasonably foreseeable

d)

Proximity

5.

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

4 lines
6.

Explain what proximity means and give a case example to illustrate

4 lines
7.

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

4 lines
8.

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

a)

Positive impact

b)

Negative impact

9.

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

4 lines
10.

List 3 established duty situations

4 lines