Im confused as to which duty is currently used for establishing a claim in negligence in tort law. Is the donoghue v stevenson neighbour principle still used? Or is it the anns test? or the caparo test? I have been told multiple different things by different people about when and how to use these tests, but would like to consolidate this information by asking the right people here. I am aware it is not as simple as one shoe fits all but i'm finding it very confusing.
Could anyone please explain to me when and how to use the caparo, anns and neighbour principle tests in a negligence problem question for a tort law examination? It says to consider a well established duty.
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Last edited by rdnl7; 09-08-2016 at 18:09.
- 09-08-2016 18:08
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- 10-08-2016 18:13
Yes. No. Yes.
You can figure the rest out from the cases.