ExpertMedium2 marksMultiple Choice
ACCA · Question 05 · The law of obligations
Section A
In the tort of negligence, which of the following best describes the 'Caparo test' for establishing a duty of care in novel situations?
Section A
In the tort of negligence, which of the following best describes the 'Caparo test' for establishing a duty of care in novel situations?
Answer options:
A.
Foreseeability of harm, direct physical contact, and a pre-existing contractual relationship.
B.
Foreseeability of harm, proximity between the parties, and whether it is fair, just and reasonable to impose a duty.
C.
A special relationship of trust, reliance by the claimant, and financial loss.
D.
Breach of a statutory duty, causation, and remoteness of damage.
How to approach this question
Recall the three elements of the Caparo v Dickman test used to establish a duty of care where no precedent exists.
Full Answer
B.Foreseeability of harm, proximity between the parties, and whether it is fair, just and reasonable to impose a duty.✓ Correct
The Caparo test requires three elements to establish a duty of care in novel situations: 1) The damage must be reasonably foreseeable; 2) There must be a relationship of proximity between the claimant and defendant; 3) It must be fair, just, and reasonable to impose liability.
Common mistakes
Confusing the test for duty of care with the test for negligent misstatement or the elements of breach/causation.
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