According to the Caparo v Dickman test, which TWO of the following must be established to prove a duty of care exists in a novel situation?

Answer options:

Harm must be reasonably foreseeable.

The defendant must have acted with malicious intent.

There must be a relationship of proximity between the parties.

A strict contractual relationship must exist.

How to approach this question

Identify the three limbs of the Caparo test and select the two present in the options.

Full Answer

The Caparo v Dickman test for establishing a duty of care in negligence requires: 1) reasonable foreseeability of harm, 2) sufficient proximity between the parties, and 3) that it is fair, just, and reasonable to impose a duty.

Common mistakes

Assuming a contract is needed for a duty of care in tort.

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Practice the full ACCA LW — Corporate and Business Law Practice Exam 1

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According to the Caparo v Dickman test, which TWO of the following must be established to prove a duty of care exists in a novel situation?

How to approach this question

Full Answer

Common mistakes

Practice the full ACCA LW — Corporate and Business Law Practice Exam 1

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