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3 authorities

Caparo Industries plc v Dickman

[1990] 2 AC 605 · [1990] UKHL 2

House of Lords · 1990 · United Kingdom

Good law

Set out the threefold test for a duty of care in novel cases: foreseeability of damage, proximity of relationship, and whether it is fair, just and reasonable to impose a duty.

NegligencePure economic lossAuditors' liability
Wyong Shire Council v Shirt

(1980) 146 CLR 40 · [1980] HCA 12

High Court of Australia · 1980 · Australia

Qualified

Established the Australian calculus of negligence: a risk is foreseeable unless it is far-fetched or fanciful, and breach is assessed by weighing the magnitude of the risk against the burden of precautions.

NegligenceTortsStandard of care
Donoghue v Stevenson

[1932] AC 562 · [1932] UKHL 100

House of Lords · 1932 · United Kingdom

Good law

Founded the modern law of negligence with the neighbour principle: a manufacturer owes a duty of care to the ultimate consumer of its product.

NegligenceDuty of careTorts