The Law Of Negligence Flowchart

1 THE TORT OF NEGLIGENCE 1. DUTY OF CARE A duty of care was originally established by applying Lord Atkins Neighbour Test from: Donoghue v Stevenson (1932). The modern three-stage test was laid down by the HL in: Caparo Industries v Dickman (1990). The court must now consider: (C) Whether in all the circumstances it would be fair, just and reasonable that the law should impose a duty. It was held not to be fair, just and reasonable to impose a duty on the police in: Hill v C.C. of W. Yorkshire (1988). However, a duty was imposed on the fire brigade in: Capital v Hampshire County Council (1997). (B) Whether there is a relationship of proximity between the parties, ie a legal relationship or physical closeness. For example, there was proximity in: Home Office v Dorset Yacht Club (1970). But not in: Caparo v Dickman (1990). (A) Whether the consequences of the defendants act were reasonably foreseeable. For example, damage or harm was held to be reasonably foreseeable in: Kent v Griffiths (2000); and Jolley v Sutton LBC (2000). But not in: Bourhill v Young (1943); or Topp v London Country Bus Ltd (1993) DEFINITION - 1 The breach