Explain the legal rules dealing with establishing a duty of care. Discuss the historic development of the law relating to duty of care in novel situations.
You must provide a reference list and a word count at the end of your work. The reference list is not included in the word count.
Question 1
“Robinson and Michael appear at long last to have brought clarity to the principles governing the existence of a duty of care. The judgments in Michael and in particular, in Robinson now appear to have closed the door on the general test approach once and for all.”
Tahzib, O. ‘Beyond the will-o’-the-wisp: duty of care after the death of the three-stage Caparo test’, Journal of Personal Injury Law, 2, pp.93
Evaluate this statement and explain why you either agree or disagree.
Learning outcomes
TMA 03 tests the following outcomes:
Knowledge
Explain the legal rules dealing with establishing a duty of care.
Discuss the historic development of the law relating to duty of care in novel situations.
Evaluate different approaches to establishing a duty of care in light of recent case