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stuck on assesment tort law help watch

    • Thread Starter

    thanks guy

    (Original post by simonbo)
    a duty of care arrises when it it fair just and reasonable to impose liabiltity. critcally discuss the validity of this statement .

    i understand that fair just and reasonable was established in the case of caparo.
    Remember that the Caparo test is tripartite. You're right that one of the limbs is that it has to be 'fair, just, and reasonable' to impose a duty, but there is also a need for the harm to be foreseeable and the relationship between the parties to be sufficiently proximate.

    What the question is getting at, I think, is the possibility that these other two limbs of the Caparo test are unnecessary or illusory: that in reality the only test the court applies is whether they think it would be fair, just, and reasonable to impose a duty. Is that one criterion really enough to explain all the cases on duty of care?
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