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AS law Caparo test Watch

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    What are the advantages and disadvantages of the Caparo test compared to the neighbour principle ?
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    So, the neighbour test has two main criteria:
    1. The harm must've been reasonably foreseeable
    2. There must be a proximate relationship

    The Caparo test is similar yet has 3 separate criteria instead:
    1. The harm must've been reasonably foreseeable
    2. There must be a proximate relationship
    3. It must be fair, just, and reasonable to impose a duty of care

    e-law resources states the difference quite well
    "The main difference being, that under Caparo it is the claimant that must put forward policy reasons for imposing liability whereas under Anns, liability would arise once the claimant had established reasonable foresight and proximity and the defendant had to demonstrate policy factors for negating liability. "
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    (Original post by Cyberspace)
    So, the neighbour test has two main criteria:
    1. The harm must've been reasonably foreseeable
    2. There must be a proximate relationship

    The Caparo test is similar yet has 3 separate criteria instead:
    1. The harm must've been reasonably foreseeable
    2. There must be a proximate relationship
    3. It must be fair, just, and reasonable to impose a duty of care

    e-law resources states the difference quite well
    "The main difference being, that under Caparo it is the claimant that must put forward policy reasons for imposing liability whereas under Anns, liability would arise once the claimant had established reasonable foresight and proximity and the defendant had to demonstrate policy factors for negating liability. "
    Thank you so much
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