username4097242
Badges: 13
Rep:
?
#1
Report Thread starter 1 year ago
#1
So recently my teacher said that if we get an exam scenario where there is potential new precedent in negligence we no longer follow the Caparo test but a new one which is apparently the Robinson test. I asked her what are the requirements but she told me and the class to research it ourselves.Yet all of us are confused and cannot find much on it or we don’t understand it.
Can anyone plzzz tell me what’s the test and what requirements does it have
0
reply
astrid07
Badges: 4
Rep:
?
#2
Report 1 year ago
#2
The Robinson test basically modernised the Neighbour Principle from Donoghue v Stevenson.
They said that there was no single definitive test to use that addresses whether there is a duty of care.
The courts now need to look at:
1) Is there a previous precedent in that particular area of duty of care
2) Is there a statutory authority that provides the duty of care (like the Road Traffic Act 1988)
3) If it is a novel case, apply the Caparo test under Caparo v Dickman
0
reply
CrazyJadey2001
Badges: 13
Rep:
?
#3
Report 1 year ago
#3
Basically, don't use the caparo test if there is case precedent that can be followed. If there is no precedent use caparo. Also the fair, just and reasonble aspect is no longer really to be used
0
reply
username4097242
Badges: 13
Rep:
?
#4
Report Thread starter 1 year ago
#4
(Original post by astrid07)
The Robinson test basically modernised the Neighbour Principle from Donoghue v Stevenson.
They said that there was no single definitive test to use that addresses whether there is a duty of care.
The courts now need to look at:
1) Is there a previous precedent in that particular area of duty of care
2) Is there a statutory authority that provides the duty of care (like the Road Traffic Act 1988)
3) If it is a novel case, apply the Caparo test under Caparo v Dickman
What’s the difference between 1) and 2) ??
0
reply
username4097242
Badges: 13
Rep:
?
#5
Report Thread starter 1 year ago
#5
(Original post by Jadeleah2)
Basically, don't use the caparo test if there is case precedent that can be followed. If there is no precedent use caparo. Also the fair, just and reasonble aspect is no longer really to be used
eghhhh is it not the other way ?? That if there is a new precedent e.g drones is fairly new, then I would be using Robinson test but If it’s something common like car accidents then wouldn’t be the Caparo test
0
reply
CrazyJadey2001
Badges: 13
Rep:
?
#6
Report 1 year ago
#6
Robinson just says to use precent i.e. if a case was similiar to bourhill v young then Robinson would just be used to say that bourhill will be followed due to precedent being available. If not caparo will be used to try and find if there is a duty and if it is breached as there is no precedent available. So the drone thing you mentioned would be using the caparo test as there are no precedent
0
reply
username4097242
Badges: 13
Rep:
?
#7
Report Thread starter 1 year ago
#7
(Original post by Jadeleah2)
Robinson just says to use precent i.e. if a case was similiar to bourhill v young then Robinson would just be used to say that bourhill will be followed due to precedent being available. If not caparo will be used to try and find if there is a duty and if it is breached as there is no precedent available. So the drone thing you mentioned would be using the caparo test as there are no precedent
So how would I write in the exam like what do I write? If Robinson was to be applied like for my AO1 Ik but what about my AO2??? If the situation from the scenario would be similar to the cases that we studied would I just use those cases or ?? Like what would I have to say in regards to duty of care when using the Robinson test
0
reply
CrazyJadey2001
Badges: 13
Rep:
?
#8
Report 1 year ago
#8
You can just state that what Robinson 2018 changes and, if there is precedent, state what case. If not you can just use caparo. If its a 30 marker use caparo to establish why a duty was found. A02 would just be applying it to the scenario and yes you would use the cases studied if it is similiar. But if there is a slight difference then caparo may need to be used otherwise, when concerning evaluation points for a03, because a material difference would mean that the case would be distinguished from past precedent.
0
reply
username4097242
Badges: 13
Rep:
?
#9
Report Thread starter 1 year ago
#9
(Original post by Jadeleah2)
You can just state that what Robinson 2018 changes and, if there is precedent, state what case. If not you can just use caparo. If its a 30 marker use caparo to establish why a duty was found. A02 would just be applying it to the scenario and yes you would use the cases studied if it is similiar. But if there is a slight difference then caparo may need to be used otherwise, when concerning evaluation points for a03, because a material difference would mean that the case would be distinguished from past precedent.
Okay thank you soooooo much this is so helpful !!! Thank youuuu!!!! X
0
reply
CrazyJadey2001
Badges: 13
Rep:
?
#10
Report 1 year ago
#10
That's okay! Anymore questions feel free to ask x
1
reply
astrid07
Badges: 4
Rep:
?
#11
Report 1 year ago
#11
(Original post by vickkyyx)
What’s the difference between 1) and 2) ??
the difference is that 1) is looking at previous decisions in cases and 2) is looking at legislation that states if there is a duty of care
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Do you think receiving Teacher Assessed Grades will impact your future?

I'm worried it will negatively impact me getting into university/college (82)
38.32%
I'm worried that I’m not academically prepared for the next stage in my educational journey (23)
10.75%
I'm worried it will impact my future career (15)
7.01%
I'm worried that my grades will be seen as ‘lesser’ because I didn’t take exams (51)
23.83%
I don’t think that receiving these grades will impact my future (27)
12.62%
I think that receiving these grades will affect me in another way (let us know in the discussion!) (16)
7.48%

Watched Threads

View All