152732
Descrição
Mapa Mental por val.corbett, atualizado more than 1 year ago
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Criado por val.corbett
mais de 11 anos atrás
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Duty of Care - Historical
Development
- Donoghue v Stevenson [1932] - snail in a bottle
- Duty established by: 1. Foreseeability of
the harm and 2. Proximity of relationship
- Duty established by: 1. Foreseeability of
the harm and 2. Proximity of relationship
- Anns v Merton London
Borough Council [1978]
- Two Stage Test: 1.
Relationship of
neighbourhood/proximity?
Prima facie duty of care
arises. 2. Policy
Considerations
- 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
- *Three separate distinct
hurdles to be negotiated. Introduced concept of "just, fair and reasonable"
- The duty was to develop "incrementally" by
analogy to other estd cases
- The duty was to develop "incrementally" by
analogy to other estd cases
- *Three separate distinct
hurdles to be negotiated. Introduced concept of "just, fair and reasonable"
- 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]
- Keane CJ of the Supreme Court introduced concept of "just,
fair and reasonable" into the equation. Adopted incrementalism
- Breslin v Corcoran [2003] - Glencar approved
- Keane CJ of the Supreme Court introduced concept of "just,
fair and reasonable" into the equation. Adopted incrementalism
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