Cases

Question 1

Nettleship v Weston

Answer 1

• learners those with inexperience owe a duty of care to others

Question 2

Bolan v Friern Hospital

Answer 2

• docters owe duty of care to their patients/others

Question 3

Donoghue v Stevenson

Answer 3

• manufacturers owe a duty of care to consumers/customers

Question 4

State the law on forseeabilty (1st part of the Caparo test)

Answer 4

• ask was some damage or harm reasonably forseeable as a result of the defendant’s actions?

Question 5

What is the leading case on forseeabilty and state what happened in this case.

Answer 5

• Kent v Griffiths
• the patient suffered a heart attack due to the delyas of the ambulance driver.

Question 6

State the law on duty of care: proximity ( 2nd part of the Caparo test)

Answer 6

• asks is there proxmity between the claiment and defendant. Proximity means the closeness and can be terms of time, space and relationship

Question 7

Bournhill and Young (leading case of proximity)

Answer 7

-Suffers a miscarriage due to seeing the accident.
-Fails to claim against the motorcylist as she was in a safe place.

Question 8

State the law on duty of care: policy (3rd part of the Caparo test)

Answer 8

-asks if it is fair,just and reasonable to impose a duty on the defendant