This website uses cookies to ensure you have the best experience. Learn more

Duty Of Care And The Public Policy Issue.

2446 words - 10 pages

LAW OF TORTIntroductionThe case of Mitchell v Glasgow City Council1, hereinafter referred to as 'Mitchell v Glasgow CC' is a fascinating scenario in which the principles of the duty of care as expounded upon in the seminal case of Caparo Industries plc v Dickman2, hereinafter referred to as 'Caparo v Dickman', are tested to the extreme. This matter also references public policy issues, e.g. whether it was equitable that a public authority should be held liable for the criminal acts of a third party3 or that the matter arose out of the negligent omissions of the defendant, including others. I shall be examining them in due course.The Principles of Duty of CareAs has been mentioned earlier, the case of Caparo v Dickman laid out the tests for the usage of the Duty of Care doctrine, with assistance from prior influential cases like Donoghue v Stevenson, Anns v Merton London Borough Council and McLoughlin v O'Brian.The case of Caparo v Dickman involved financial issues where Caparo Industries was involved in the takeover of Fidelity, a company that was in poor financial health. Dickman were the auditors for Fidelity, involved in the making and publication of the annual accounts, without which Caparo might not have taken the actions they did. Upon a successful takeover of Fidelity, Caparo discovered that it was in a worse financial position than had been revealed by the directors and shareholders. Caparo then sued for damages, upon which it was held in the House of Lords that there was no responsibility of the duty of care.Lord Bridge then proceeded to state in his ratio decidendi that:"What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there exists between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of proximity' or 'neighbourhood' and the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope on the one party for the benefit of the other."4In other words, to establish a duty of care involves:i) Harm must be reasonably foreseeable as a result of the defendant's conduct;--------------------------------------------1 - Mitchell v Glasgow City Council [2009] 1 AC 874, [2009] 2 WLR 481, 2009 SCLR 270, 2009 SC (HL) 21, 2009 GWD 7- 122, [2009] PTSR 778, [2009] AC 874, 2009 Hous LR 2, [2009] PIQR P13, [2009] NPC 27, [2009] UKHL 11, [2009] 3 All ER 205, [2009] HRLR 18, 2009 SLT 2472 - Caparo Industries plc v Dickman [1990] 1 All ER 568, [1990] UKHL 2, [1990] 2 AC 6053 - Iain Miller, 'Duty within bounds' (, 20 April 2009) <> accessed 7 November 20124 - Caparo v Dickman (n 2) Pg 5ii) The parties must be in a relationship of proximity;iii) It must be fair, just and reasonable to impose liability.Relationship to Mitchell v Glasgow CCIn extrapolation,...

Find Another Essay On Duty of Care and the Public Policy issue.

Discuss the extent to which public servants owe a duty of care under the tort of negligence

2565 words - 10 pages imposition of a duty of care. In addition the courts may feel that it would be unfair, unjust or unreasonable to impose a duty on a public servant due to policy considerations. For example, Elliott & Quinn explain that the damages that have to be paid are paid by the tax payer (Elliott and Quinn 2003 pg. 73). This money could clearly be used for more useful things. Furthermore, the courts are worried about opening the floodgates to huge numbers

Internet Concern on Public Policy Issue

798 words - 3 pages Privacy and Legal issues, it is very difficult to control and regulate because the Internet does not involve only one country or one single state but it involve to all the countries in the world. Then it is fall in to the international law and policy issue. And different country has different law. Some might very strict to one issue but some might not at all. This is not only the problem to the WWW but it has been the problem for a long time

Legal systems: Duty of Care and Negligence

1406 words - 6 pages Legal systems are critical to the functionality of any given society. In particular, issues of duty and responsibility are fundamental to address especially when one party causes harm or injury to another. In this respect, the concept of duty of care and its connection to negligence serve a key role in the society. Tort law provides for legal processes following acts of negligence that exhibit duty of care. The underlying liability in negligence

The Creation of Public Policy

1717 words - 7 pages created to change it if it continues through the process and is approved. Usually an issue for public policy arrives when there is an argument between two parties or committees. A lot of public policy is based on our legislative branch because they deal with funding in our government. A lot of today is concerned with funding in the government. They also make the laws so public policy focuses on them because of this as well. It states how

Duty of Care for Patients

667 words - 3 pages incident and commence treatment of those injured in the crash, until help arrives and you yourself can be assessed for injuries. In the end all health care practitioners owe a duty of care to all patients that they treat. It is a legal obligation to ensure that a set standard of care is met and if a breach of duty is reported an investigation can commence following the guidelines and expectations set out. Duty of care is something that all paramedics when in uniform are expected to abide by as the public has the perception that we must help anyone that is injured or ill.

Duty of Care For Students

1411 words - 6 pages environment. B. Discussion 1. The Policy Rationale: The Department of Education Western Australia issued the Duty of Care for Students(2007) policy in order to protect students welfare and safety from foreseeable risks whilst in the supervision of teachers and schools within the state of Western Australia. Parents and teachers agree that schools must advocate having the right to learn in a caring and safe learning environment. This involves the

Duty of care is the responsibility to do everything reasonably

1907 words - 8 pages Duty of care is the responsibility to do everything reasonably practical to keep the people affected by your actions safe. In this essay I will discuss the duty of care given, and expected, in some court cases, and my judgment of them. Also, I will summarize these cases, and explain the issues involved. The information presented in this essay was found in work sheets handed out in class, various internet sites, and from my own point of

Values and Goals of Public Policy

1222 words - 5 pages There are conflicts between the fundamental values and goals that form the foundation of public policy because there are many considerations to take into account rather than a set idea. A policy's goal is to rationally attempt to obtain objectives, where as values differ when considering more options of what is fair. The goals for public policy are equity, efficiency, security and liberty, all of which contain ambiguities and problems of

Analysis of Duty of Care 2007

1555 words - 6 pages A. INTRODUCTION The purpose of this report is to analyse the Duty of Care for Students Policy provided by the Western Australian government’s Department of Education. It does this by firstly looking at the reasoning behind the creation of the policy, then determining who the policy is written for and finally stating why it is of importance. The report examines the content within the policy and relates it to a local primary school. Three

The Ethical Issue of Foregoing Nutrition and Hydration in End-of-Life Care

2097 words - 8 pages The Ethical Issue of Foregoing Nutrition and Hydration in End-of-Life CareEnd-of-life care comprises a major aspect of the modern health care system, serving those who suffer from terminal illness, a medical condition that is irreversible, or imminent death. As the aging population in the United States continues to grow at a rapid pace, along with a rising awareness of better care for the seniors in the general public over the years, end-of-life

Religion and Public Policy

2682 words - 11 pages ? and argued that religious beliefs should be excluded from consideration of public policy because; 1) it leads to the ignorance of many religious minorities in the face of dominating religious groups; 2) religious views jeopardize social stability; and finally, 3) it diverges the basis of political decisions from the needs of the public. It proved this by showing specific examples, such as the serious issue of dealing with conflicting authorities

Similar Essays

Duty Of Care Policy In The Australian Education System

1879 words - 8 pages effort to understand their legal rights and those of their students, (Whitton et al, 2010). The required duty of care for teaching institutions is controlled by the individual State Education Departments. Each State Department has developed their own set of policies and guidelines outlining duty of care. Although duty of care is a legislated policy compulsory for government schools, many of the issues in the legislation are relevant to non

Public Policy Issue Essay

3143 words - 13 pages On November 4, 2007, voters were asked to pass initiative 4204, which would allow school levies to pass with a simple majority vote like all other initiatives that go to the ballots. This paper will address initiative 4204, explain the pros and cons of this initiative identify the parties that are involved, and analyze the effects of the policy on both public and private groups. Lastly, this paper will evaluate solutions that have been tried in

The Western Australian Department Of Education (Wa Do E) Duty Of Care For Students Policy

1714 words - 7 pages is reasonably foreseeable. Furthermore, the policy provides a point of reference for teachers when using their professional judgement to make day-to-day decisions and assess risks associated with student activities. What issues does the policy cover? The leading issue of the WA DoE Duty of Care for Students Policy is stated in Section 1.A “Teaching staff owe a duty to take reasonable care for the safety and welfare of students whilst students

Duty Of Care Policy For Students Document Analysis

1658 words - 7 pages are active in the school community. A main issue that the duty of care policy covers is, the duty of care owed to a student from the teacher. Section 5.2 of the policy quotes “The duty of care owed by a member of the teaching staff to a student automatically arises out of the teacher-student relationship. Such relationship will exist whenever and where ever a student is involved in a school activity or a student is present for the purpose of