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?
Turn on thread page Beta
Tort law - Negligence problem question watch
- Thread Starter
- 28-03-2014 12:33
- 28-03-2014 12:42
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.
Posted from TSR Mobile