Lord Wilberforce's Two-Stage Test in Anns
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Questions and Answers

What did Lord Wilberforce seek to do in Anns?

  • Create an all-embracing test for duty of care (correct)
  • Narrow the application of the neighbour test
  • Limit liability to only situations where a consumer is suing a manufacturer
  • Establish a duty relationship between claimants and defendants

What did claimants have to establish prior to Donoghue v Stevenson?

  • A policy consideration to negate liability
  • An existing duty relationship (correct)
  • A relationship of proximity
  • A reasonable foreseeability of loss

What is the first stage of Lord Wilberforce's two-stage test for establishing a duty of care?

  • The defendant may put forward policy considerations to negate liability.
  • Examine whether the loss was reasonably foreseeable and there existed a relationship of proximity. If so a prima facie duty of care arises. (correct)
  • Establish an all-embracing test for duty of care
  • Narrow down the application of the neighbour test.

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Test your knowledge on Lord Wilberforce's two-stage test for establishing a duty of care. Learn about the requirements claimants had to establish prior to Donoghue v Stevenson and the objectives of Lord Wilberforce in Anns.

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