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March 29, 2024, 08:46:38 pm

Author Topic: Torts A question?  (Read 1443 times)  Share 

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NoAngels

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Torts A question?
« on: April 23, 2015, 09:34:32 pm »
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In terms of the topic " Special Relationship"  in terms of figuring out "Duty of Care"

Police   v  Civilians

I.e  failure to look after them as a whole.  Is that a  established duty category ?  I.e similar to Teacher/Student

Or you have to use the Salient Feature test for that particular one?

Thanks
« Last Edit: April 23, 2015, 09:54:04 pm by NoAngels »

j-awad11

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Re: Torts A question?
« Reply #1 on: May 11, 2015, 07:36:02 pm »
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Okay so the process of determining whether there is a DoC is as follows:

1. Reasonable foreseeability of harm.
2. Figure out the relationship between the parties:

(a) Established categories of DoC include doc/patient, solicitor/client, etc.
or
(b) Where the relationship does not fit into those established categories you look at things like vulnerability of the P, P's personal autonomy, control of the activity by D (salient features).

'Failure to look after them as a whole' is not an established relationship, however this is the type of thing you'd be saying when you get to whether there was a breach of the DoC.

HOWEVER
Some groups in society are immune from DoC and that includes police, so don't fall into that trap.

Hope that helps.