Duty of Care - Historical Development

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Mind Map on Duty of Care - Historical Development, created by val.corbett on 24/07/2013.
val.corbett
Mind Map by val.corbett, updated more than 1 year ago
val.corbett
Created by val.corbett almost 11 years ago
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Duty of Care - Historical Development
  1. Donoghue v Stevenson [1932] - snail in a bottle
    1. Duty established by: 1. Foreseeability of the harm and 2. Proximity of relationship
    2. 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
      2. Yuen Kun-Yeu v AG of Hong Kong [1987] - critical of liberal interpretation of Anns
        1. 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
          2. 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
            1. 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
                1. Breslin v Corcoran [2003] - Glencar approved
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