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examination focus

Duty of care

The three-part test

Sally Russell clarifies the three-part test and shows how it works in practice

Actions against public bodies, such as the police, may fail on the third part of the test

This ‘Examination focus’ is relevant to AQA AS Unit 2 (concept of liability) and A2 Unit 4 (tort), and OCR A2 Unit G157 (law of torts).

The first step in a negligence case is to prove that a duty of care is owed to the person who suffered harm. This is based on the neighbour principle from Donoghue v Stevenson (1932), developed in Caparo v Dickman (1990) into a three-part test:

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