Caparo Industries Plc. v Dickman
Overview
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
case on the test for a duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
. The House of Lords, following the Court of Appeal, set out a "three-fold test". In order for a duty of care to arise in negligence,
- harm must be reasonably foreseeable as a result of the defendant's conduct
- the parties must be in a relationship of proximity
- it must be fair, just and reasonable to impose liability
The decision arose in the context of a negligent preparation of accounts for a company.
