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stuck on assesment tort law help watch
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Last edited by simonbo; 14-03-2013 at 08:56.
- 13-03-2013 11:58
(Original post by simonbo)
- 14-03-2013 08:24
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.
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?Last edited by Forum User; 14-03-2013 at 08:26.