ExpertMedium2 marksMultiple Choice
ACCA · Question 08 · Corporate and Business Law
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?
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:
A.
Harm must be reasonably foreseeable.
B.
The defendant must have acted with malicious intent.
C.
There must be a relationship of proximity between the parties.
D.
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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