Three Stage Test

Three Stage Test.

Caparo Industries plc v Dickman [1990] UKHL 2 is a leading English tort law case on the test for a duty of care. 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:

1. Harm must be reasonably foreseeable as a result of the defendant's conduct (as established in Donoghue v Stevenson),

2. The parties must be in a relationship of proximity, and

3. 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. Previous cases on negligent misstatements had fallen under the principle of Hedley Byrne v Heller. This stated that when a person makes a statement, he voluntary assumes responsibility to the person he makes it to (or those who were in his contemplation). If the statement was made negligently, then he will be liable for any loss which results. The question in Caparo was the scope of the assumption of responsibility, and what the limits of liability ought to be.

On a preliminary issue as to whether a duty of care existed in the circumstances as alleged by the plaintiff, the plaintiff was unsuccessful at first instance but was successful in the Court of Appeal in establishing a duty of care might exist in the circumstances. Sir Thomas Bingham MR held that as a small shareholder, Caparo was entitled to rely on the accounts. Had Caparo been a simple outside investor, with no stake in the company, it would have had no claim. But because the auditors' work is primarily intended to be for the benefit of the shareholders, and Caparo did in fact have a small stake when it saw the company accounts, its claim was good. This was overturned by the House of Lords, which unanimously held there was no duty of care.

CASE.

This case is involved in Tort Law. It is a general damage, as we can identify it for Hannah as a health damage, because she was intoxicated in the restaurant with a decomposed insect. In the case of Hannah we can see that the 3 principles of Tort are breached:

Duty of care. The restaurant should have duty of care about the food they are serving. It is like if they serve expired food to someone.

Duty was breached. The duty was breached because the insect was decomposed, it wasn’t and insect that just landed in the food, if it was decomposed it was because they cooked with the insect.

Foreseeable type of damage. It caused that she had a nervous shock and she collapsed in the toilet. By the way, Hannah suffered from gastroenteritis for several days afterwards.

This case is also similar to Donoghue v Stevenson one. Also known as the "Paisley snail" or "snail in the bottle" case, the facts involved Mrs Donoghue drinking a bottle

...