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The test established by Lord Wilberforce – known as the Anns test – imposed a prima facie duty of care where: A sufficient relationship of proximity or neighbourhood exists between the alleged wrongdoer and the person who has suffered damage, such that carelessness on the part of the former is likely to cause damage to the latter; [ 11 ]
Donoghue v Stevenson [1932] AC 562 was a landmark court decision in Scots delict law and English tort law by the House of Lords.It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
Anns v Merton London Borough Council [1977] UKHL 4, [1978] AC 728 was a decision of the House of Lords that established a broad test for determining the existence of a duty of care in the tort of negligence, called the Anns test or sometimes the two-stage test for true third-party negligence.
Situations in which a duty of care have previously been held to exist include doctor and patient, manufacturer and consumer, [2] and surveyor and mortgagor. [3] Accordingly, if there is an analogous case on duty of care, the court will simply apply that case to the facts of the new case without asking itself any normative questions. [4]
Spandeck Engineering v Defence Science and Technology Agency [2007] SGCA 37 was a landmark decision in Singapore law. [1] [2] It established a new framework for establishing a duty of care, differentiating the Singaporean law of tort from past English common law precedent such as Caparo v Dickman and Anns v Merton, whilst also allowing for claims in pure economic loss, which are generally not ...
The establishment of a duty of care is usually broken up into a three-step test. The first case to establish a general duty of care was Donoghue v Stevenson. [3] Famously, Mrs Donoghue claimed compensation for illness after she consumed a ginger beer containing a decomposed snail in a public house in Paisley, Scotland.
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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". The House of Lords, following the Court of Appeal, set out a "three-fold test".