Duty of Care - Historical Development

Donoghue v Stevenson [1932] - snail in a bottle
1. Duty established by: 1. Foreseeability of the harm and 2. Proximity of relationship
Anns v Merton London Borough Council [1978]
1. Two Stage Test: 1. Relationship of neighbourhood/proximity? Prima facie duty of care arises. 2. Policy Considerations
Yuen Kun-Yeu v AG of Hong Kong [1987] - critical of liberal interpretation of Anns
Caparo Industries v Dickman [1990] - three stage test for establishing a duty of care: 1. Reasonable Foreseeabiity 2. Proximity 3. Just, fair and reasonable
1. *Three separate distinct hurdles to be negotiated. Introduced concept of "just, fair and reasonable"
  1. The duty was to develop "incrementally" by analogy to other estd cases
Ward v McMaster & Louth Co Co [1988] - McCarthy J of the SC appeared to reject concept of incrementalism and favoured approach based on foreseeability/proximity/policy
Glencar Exploration v Mayo Co Co [2002]
1. Keane CJ of the Supreme Court introduced concept of "just, fair and reasonable" into the equation. Adopted incrementalism
2. Breslin v Corcoran [2003] - Glencar approved

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