mia.schalamar
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1) I'm confused as to when to use which test (Donoghue or Caparo) when answering questions on duty of care.

2) Also, when does the traditional established positions come into play (road users, parent-child) etc. If there are existing traditional positions , does this mean that tests of Donoghue or Caparo are not required?
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seckie
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If I'm remembering this correctly, my understanding was Donoghue relating more to the 'neighbour principle'. So in effect, it is asking or determining who the actual duty of care is owed to rather than the foreseeability, proximity and reasonableness in Caparo once that duty has been established. So, does a driver owe a duty of care to pedestrians, (Donoghue) and if so, was it reasonably foreseeable and is there sufficient proximity (Caparo)
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_Fergo
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(Original post by mia.schalamar)
1) I'm confused as to when to use which test (Donoghue or Caparo) when answering questions on duty of care.

2) Also, when does the traditional established positions come into play (road users, parent-child) etc. If there are existing traditional positions , does this mean that tests of Donoghue or Caparo are not required?
Caparo is the modern, fuller test.

In established instabces, you do not need to apply Caparo again, since Caparo is for novel cases. If I were you, I'd mentioned both Donoghue and Caparo, and I'd then go on to those cases which include the established instances (Donoghue for instance about manufacturers' Dury of care).

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CHarrisMedia
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(Original post by seckie)
If I'm remembering this correctly, my understanding was Donoghue relating more to the 'neighbour principle'. So in effect, it is asking or determining who the actual duty of care is owed to rather than the foreseeability, proximity and reasonableness in Caparo once that duty has been established. So, does a driver owe a duty of care to pedestrians, (Donoghue) and if so, was it reasonably foreseeable and is there sufficient proximity (Caparo)
Basically this, Donoghue was the case that essentially created duty of care and is just the neighbour principle. Caparo 3 part test is to see if there is a duty owed/would it be fair.
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