Podcast
Questions and Answers
What did Lord Wilberforce seek to do in Anns?
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?
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?
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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Description
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.