Tort law - Negligence problem question

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#1
Report Thread starter 8 years ago
#1
When establishing a claim in negligence, regarding the first hurdle, duty of care, which test should we apply - the Donoghue v Stevenson or Caparo?
Or if the relationship obviously entails a duty of care (eg doctor and patient) do we need to apply a test at all?

Many thanks!
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Purpular
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#2
Report 8 years ago
#2
You don't need to apply a test for established duty relationships such as doctor - patient, driver - pedestrian etc.
if you're unsure run through the Caparo test but cite Donoghue when mentioning the neighbour principle.


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