The present situation would appear to be as follows. Firstly, the judge should consider whether there are any existing authorities which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied:
1. Was the damage to the claimant reasonably foreseeable?
2. Was there a [...]?
3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?
Answer
relationship of sufficient proximity between the claimant and the defendant
Tags
#duty #law #negligence #tort
Question
The present situation would appear to be as follows. Firstly, the judge should consider whether there are any existing authorities which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied:
1. Was the damage to the claimant reasonably foreseeable?
2. Was there a [...]?
3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?
Answer
?
Tags
#duty #law #negligence #tort
Question
The present situation would appear to be as follows. Firstly, the judge should consider whether there are any existing authorities which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied:
1. Was the damage to the claimant reasonably foreseeable?
2. Was there a [...]?
3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?
Answer
relationship of sufficient proximity between the claimant and the defendant
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Parent (intermediate) annotation
Open it are in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied:
1. Was the damage to the claimant reasonably foreseeable?
2. Was there a <span>relationship of sufficient proximity between the claimant and the defendant?
3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?<span><body><html>
Original toplevel document (pdf)
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Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
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