What is the “Caparo test”?
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The Caparo test is a legal test that is used in the UK to determine whether a person owes a duty of care to another person. The test was established in the case of Caparo Industries plc v Dickman, where the court ruled that for a duty of care to exist, three conditions must be met:
– The defendant must be aware that their actions or lack of action could cause harm to the plaintiff.
– There must be a close relationship between the defendant and the plaintiff, such that it is fair, just, and reasonable to impose a duty of care.
– It must be foreseeable that the defendant’s actions or lack of action could cause harm to the plaintiff.
If all three conditions are met, then the defendant is said to owe a duty of care to the plaintiff. This means that they are legally responsible for taking reasonable steps to prevent harm to the plaintiff and can be held liable if they fail to do so. The Caparo test is used in a variety of legal cases, including cases involving negligence and professional liability.
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