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  3. BPP University College Of Professional Studies Limited (BPP)
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  5. Graduate Diploma In Law
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  7. Tort Law

Lecture notes

Duty of Care: Problem Categories
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Detailed notes relating to problematic areas when establishing a duty of care (e.g. establishing a duty of care for emergency services). Contains key principles and detailed explanation of key cases. These notes helped me achieve a distinction (74).

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  • August 26, 2016
  • 14
  • 2015/2016
  • Lecture notes
  • Unknown
  • All classes

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THE LAW OF TORT
DUTY OF CARE 2: PROBLEM CATEGORIES


 There are some areas where it is problematic for courts to establish a duty
(mainly due to policy concerns).

 Some types of losses: pure economic loss, psychiatric damage, wrongful life.
 Omissions and acts of third parties.
 Rescuers.
 Police force.
 Emergency services: in which situations do emergency services such as the fire
brigade, the ambulance service or the police have a duty? When can they be
held liable?
 Public bodies.
 Armed forces.
 Lawyers (no longer a problem area, but worth noting).




1. OMISSIONS (O) & ACTS OF THIRD PARTIES (TP)

GENERAL RULE: there is no duty imposed on a mere failure to act. This
includes failing to rescue or prevent third parties from harming others.

E.g. if a person sees a child drowning there is no legal obligation on that person to
assist or rescue.

SMITH AND OTHERS V LITTLEWOODS ORGANISATION LTD [1987]

FACTS: D owned a disused cinema which was broken into and a fire started. C
claimed that D had a duty of care to prevent the fire.

HELD: D was not held liable for negligence – they had no duty to prevent the fire.
D were unaware of any risk and it was not foreseeable, therefore they couldn’t
reasonably be expected to have sought measures to avoid it.

*In this case, LORD GOFF makes it clear that there is generally no duty
imposed for omissions and outlines the various exceptions to this rule.




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