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12 Cards in this Set
- Front
- Back
What are uncontentious areas where a duty arises?
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Doctor to Patient- Pippin v Sheppard.
Manufacturer to Consumer- Donoghue v Stevenson. Solicitor to Client- Groom v Crocker |
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What requirements were laid out in Anns v Merton for duty of care?
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1) Foreseeability
2) Fairness, justice & reasonableness. |
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How was Anns adapted in Caparo Industries v Dickman?
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Rejected the approach set out in Anns, and established the 3-stage test:
1) Foreseeability to harm 2) Proximity 3) Fairness, justice and reasonableness. |
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In what case did Lord Bingham and Mance specifically approve of the application f the incremental approach?
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Customs & Excise Commissioners v Barclays Bank
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What different things can proximity mean?
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1) Physical closeness
2) Contractual or other pre-existing relations 3) Assumption of responsibility by the defendant. |
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What does Witting argue is the purpose of proximity?
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To establish the person 'most appropriately placed to avoid damage to the claimant.'
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In what way do the courts exercise their discretion?
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Through the requirement of fairness, justice and reasonableness- they consider whether imposition of a duty in the circumstances would fulfil the 3 criteria.
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Which case contains the policy argument that persons should take responsibility for themselves?
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Tomlinson v Congleton BC.
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How did policy considerations come into play in Bishop Rock Marine (The Nicholas H)?
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-Lord Steyn argued that to impose a duty of care would upset the balance created by the rules of liability between shippers and cargo owners under the international convention.
-The defendant was an independent, non-profit making entity, created and operated for the sole purpose of promoting the collective welfare. |
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What were the policy considerations in Hill v Chief Constable of West Yorkshire?
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-It would be unfair to impose a duty on the police during the investigation of a crime.- They cannot generally be held liable for careless conduct - it would be a diversion of police resources and could lead to them acting in a detrimentally defensive manner
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What 'scope of duty' did Lord Oliver speak of in Caparo?
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-If C and D pass each other on the street, each owes a duty not to cause physical harm to the other. However, psychiatric illness/ economic loss must be established differently.
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What does 'psychiatric illness' include?
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1) Hysteria- Wild, uncontrolled emotion.
2) Neurosis- Irrational or depressive thought. 3) Depression. 4) PTSD |