Caparo Three-Part Test
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The Caparo three-part test is a legal test used in English tort law to determine whether a duty of care exists in a particular situation. The test was established by the House of Lords in the case of Caparo Industries plc v Dickman (1990). The three parts of the test are as follows:
Foreseeability: The first part of the test requires that the harm or damage caused to the claimant must have been foreseeable by the defendant. In other words, the defendant must have been able to reasonably anticipate that their actions (or inactions) could have resulted in harm to the claimant.
Proximity: The second part of the test considers whether there was sufficient proximity between the defendant and the claimant for a duty of care to arise. This involves a consideration of the relationship between the parties, including any legal or social ties that may exist.
Fairness, Justice and Reasonableness: The third part of the test considers whether it is fair, just, and reasonable to impose a duty of care on the defendant in the circumstances. This involves a consideration of the social and economic consequences of imposing a duty of care, as well as the potential impact on the defendant.
The Caparo test is commonly used by the courts in determining whether a duty of care exists in situations where negligence is alleged. It is a flexible and context-specific test that allows the court to take into account all relevant circumstances when determining whether a duty of care should be imposed.
Foreseeability: The first part of the test requires that the harm or damage caused to the claimant must have been foreseeable by the defendant. In other words, the defendant must have been able to reasonably anticipate that their actions (or inactions) could have resulted in harm to the claimant.
Proximity: The second part of the test considers whether there was sufficient proximity between the defendant and the claimant for a duty of care to arise. This involves a consideration of the relationship between the parties, including any legal or social ties that may exist.
Fairness, Justice and Reasonableness: The third part of the test considers whether it is fair, just, and reasonable to impose a duty of care on the defendant in the circumstances. This involves a consideration of the social and economic consequences of imposing a duty of care, as well as the potential impact on the defendant.
The Caparo test is commonly used by the courts in determining whether a duty of care exists in situations where negligence is alleged. It is a flexible and context-specific test that allows the court to take into account all relevant circumstances when determining whether a duty of care should be imposed.
