Common Law Case Study

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Explain and analyse the common law tests used by the judiciary to determine liability under the tort of negligence for the following two types of injury claim: Physical injury Psychiatric injury. In order to establish the tort of negligence the claimant must prove three things: a. that the defendant owed him a duty of care. b. That the defendant breached this duty. c. That a reasonably foreseeable type of damage was caused by the breach. Donoghue v Stevenson [1932] AC 562 (House of Lords) is a seminal case to set out the general principles of duty of care. It isalso called neighbour test or neighbour principle. In Donoghue V Stevenson the house of Lords deemed it necessary to overcome the problems generated by the privity of the contract in order to provide an alternative route of claim for an injured party. It was Mrs Donoghue’s friend that purchased the ginger beer that ultimately caused her injury and therefore only her friend that had a right to sue under the contract. The house of Lords solved this problem by imposing liability in negligence on the owner of the café, specifying that such would be possible where a duty of care could be found to lie between the owner ( the tortfeasors) and the victim Mrs. Donoghue. Lord Atkin outlined he parameters of the duty of care in this field in the following often quoted terms: "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being affected when I am directing my mind to the acts or omissions which are called in question." The ca... ... middle of paper ... ...pose a duty of care on the police . Fair, just and reasonable The third part of the test, whether it is fair, just and reasonable to impose a duty of care, is really a matter of public policy. The courts are usually reluctant to impose a duty on public authorities, as seen in the case of Hill v Chief Constable of South Yorkshire (1990) where it was pointed out that imposing a duty on police could lead to policing being carried out in a defensive way which would divert attention away from the suppression of crime, leading to lower standards of policing, not higher ones. However, in some circumstances the police do owe a duty of care. In the case of MPC v Reeves (2001) the police took a man into custody who was a prisoner known to be at risk of committing suicide. Whilst in custody he hanged himself in his cell. The court found that the police owed him a duty of care.

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