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4
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Lilian
27/01/2023
Law
File Note Ahmeds Case
The law of negligence and duty of care in novel cases, focusing on the Caparo test and reasonable person standard. Key concepts include establishing duty of care, breach, and causation in negligence claims.
27/01/2023
95
In novel duty of care negligence cases, where no pre-existing duty relationship exists, courts apply the Caparo Industries v Dickman test. This three-part test determines whether a duty of care should be imposed:
Example: In Ahmed's case against Bilal, all three elements of the Caparo test are satisfied:
- It was reasonably foreseeable that injury could occur from carelessly opening a car door
- Both parties were in close proximity as road users
- Imposing a duty is fair and doesn't risk opening floodgates of litigation
Vocabulary: Novel duty of care refers to situations where the relationship between parties has not previously been recognized as giving rise to a legal duty.
The document emphasizes that for established duty of care relationships like parent-child or doctor-patient, a duty is automatically owed. In truly novel circumstances, judges may reason by analogy or apply the Caparo test.
Quote: "If it is not an pre-existing duty it was suggested in Robinson v CC of WY that judges should reason by analogy."
Once a duty of care is established, the next step is determining if that duty was breached. This involves applying the reasonable person test in tort law.
Key points on breach of duty:
Example: Bilal likely breached his duty of care by failing to check his mirrors or look over his shoulder before opening his car door, as a reasonable driver would have taken these precautions.
Definition: The reasonable person test is a legal standard used to determine if a person's actions were negligent by comparing them to what a hypothetical reasonable person would have done in the same situation.
The document notes that higher risks may increase the expected standard of care, as seen in Miller v Jackson. Additionally, defendants are only expected to take practical precautions, as illustrated in Latimer v AEV.
Highlight: The standard of care expected can vary based on the specific circumstances and level of risk involved in a situation.
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The law of negligence and duty of care in novel cases, focusing on the Caparo test and reasonable person standard. Key concepts include establishing duty of care, breach, and causation in negligence claims.
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In novel duty of care negligence cases, where no pre-existing duty relationship exists, courts apply the Caparo Industries v Dickman test. This three-part test determines whether a duty of care should be imposed:
Example: In Ahmed's case against Bilal, all three elements of the Caparo test are satisfied:
- It was reasonably foreseeable that injury could occur from carelessly opening a car door
- Both parties were in close proximity as road users
- Imposing a duty is fair and doesn't risk opening floodgates of litigation
Vocabulary: Novel duty of care refers to situations where the relationship between parties has not previously been recognized as giving rise to a legal duty.
The document emphasizes that for established duty of care relationships like parent-child or doctor-patient, a duty is automatically owed. In truly novel circumstances, judges may reason by analogy or apply the Caparo test.
Quote: "If it is not an pre-existing duty it was suggested in Robinson v CC of WY that judges should reason by analogy."
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Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Once a duty of care is established, the next step is determining if that duty was breached. This involves applying the reasonable person test in tort law.
Key points on breach of duty:
Example: Bilal likely breached his duty of care by failing to check his mirrors or look over his shoulder before opening his car door, as a reasonable driver would have taken these precautions.
Definition: The reasonable person test is a legal standard used to determine if a person's actions were negligent by comparing them to what a hypothetical reasonable person would have done in the same situation.
The document notes that higher risks may increase the expected standard of care, as seen in Miller v Jackson. Additionally, defendants are only expected to take practical precautions, as illustrated in Latimer v AEV.
Highlight: The standard of care expected can vary based on the specific circumstances and level of risk involved in a situation.
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Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
This document examines a novel negligence case involving Ahmed and Bilal, highlighting key legal principles in establishing duty of care, breach, and causation.
Highlight: Novel cases in tort law require careful application of established legal tests to determine liability.
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In education app charts in 17 countries
Students have uploaded notes
iOS User
Philip, iOS User
Lena, iOS user
