With regards to the armed forces see [case]in which the Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeability and proximity but that it would not be just and reasonable to impose a duty in the circumstances. To decide otherwise may result in military operations being adversely affected if soldiers in battle felt that could be sued by a comrade for their negligent actions.
Answer
Mulcahy v Ministry of Defence [1996] QB 732
Tags
#duty #law #negligence #tort
Question
With regards to the armed forces see [case]in which the Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeability and proximity but that it would not be just and reasonable to impose a duty in the circumstances. To decide otherwise may result in military operations being adversely affected if soldiers in battle felt that could be sued by a comrade for their negligent actions.
Answer
?
Tags
#duty #law #negligence #tort
Question
With regards to the armed forces see [case]in which the Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeability and proximity but that it would not be just and reasonable to impose a duty in the circumstances. To decide otherwise may result in military operations being adversely affected if soldiers in battle felt that could be sued by a comrade for their negligent actions.
Answer
Mulcahy v Ministry of Defence [1996] QB 732
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