Hey there! Sign in to join this conversationNew here? Join for free
    • Thread Starter
    Offline

    0
    ReputationRep:
    how do the courts use policy.. in duty of care?
    i dont quite understand what is meant by policy and I have 3,000 words to write on it
    please help someone.
    the q says .. when determing a duty of care , how do the courts use policy.

    x
    Offline

    0
    ReputationRep:
    my main point would be looking at duty of care arising in the tort of negligence. 3 stage duty of care test arising out of caparo v dickman:

    * Harm must be a "reasonably foreseeable" result of the defendant's conduct;
    * A relationship of "proximity" between the defendant and the claimant;
    * It must be "fair, just and reasonable" to impose liability.

    then use other cases and examples to outline each part, I think that would be regarded as the main 'policy' though, but there may be other principles out there! x
    Offline

    2
    ReputationRep:
    The issue of policy first arose in Anns v Merton London Borough council where, once proximity had been decided it was up for the court to decide whether or not there were any policy considerations that might either limit the scope of duty or remove it altogether.
    Offline

    2
    ReputationRep:
    (Original post by adiostom1)
    my main point would be looking at duty of care arising in the tort of negligence. 3 stage duty of care test arising out of caparo v dickman:

    * Harm must be a "reasonably foreseeable" result of the defendant's conduct;
    * A relationship of "proximity" between the defendant and the claimant;
    * It must be "fair, just and reasonable" to impose liability.

    then use other cases and examples to outline each part, I think that would be regarded as the main 'policy' though, but there may be other principles out there! x
    Not sure about that. I'm pretty sure the 'policy' which is referred to is that of the two part test established in Anns v Merton London Borough Council, where policy can either limit the scope of duty, or remove it entirely. You're half right though, as Caparo is based on Anns and on Donoghue.
 
 
 
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    Would you like to hibernate through the winter months?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Quick reply
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.