Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Negligence
Establishing a Duty of Care
- 4 things to know
- Paper 2
Overview
Recall questions on the neighbour principle and the case that established it, and on the first limb of Caparo and where it comes from.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Numbers
In which case was the Caparo test established?
Key term
What is the 'floodgates argument' as a public policy factor in determining whether a duty of care is fair, just and reasonable?
Process
Which case established the neighbour principle, and what does foreseeability ask?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What does the 'neighbour' principle in negligence establish regarding to whom a duty of care is owed?
Model answer
A person owes a duty of care to those who are so closely and directly affected by their act that they ought reasonably to have them in contemplation when directing their mind to the acts or omissions in question.
- 2
In which case was the neighbour principle established?
Model answer
Donoghue v Stevenson (1932).
- 3
What is the first element of the Caparo three-part test for establishing a duty of care?
Model answer
Foreseeability of harm.
- 4
In which case was the Caparo test established?
Model answer
Caparo Industries plc v Dickman (1990).
- 5
What question does foreseeability ask in the Caparo test?
Model answer
Whether a reasonable person in the defendant's position would have foreseen that their conduct might cause harm to the claimant.
- 6
What does proximity refer to in the Caparo test?
Model answer
The closeness of the relationship between the parties, which may be physical, temporal, or relational.
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