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Legal Forums » Negligence Law Discussion Forum » Tripartite test for determining existence of duty of care
Started Nov 29 2012, 13:17
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Nov 29 2012, 13:17
At common law, an action for negligence can be successful only if the plaintiff can prove that the defendant owed a duty of care to the plaintiff. However, to determine whether such a duty exists between the defendant and the plaintiff, English courts have developed a range of tests. One such test is tripartite test which the Privy Council upheld in the leading case of Caparo v Dickman. The court stated that three queries should be made before holding the defendant liable in a negligence case. Those are, whether the harm was reasonably foreseeable, whether there was a requisite degree of proximity between the plaintiff and the defendant and whether is it fair just and reasonable to impose a duty of care on the defendant.
Peter 12253649
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