2023년 1월 31일 화요일

What is Caparo test in English tort law?

The Caparo test is a three-part test used in English tort law to determine whether a duty of care is owed by one party to another. The test was established by the House of Lords in the case of Caparo Industries plc v. Dickman in 1990. The three parts of the test are: (1) Is there a sufficient relationship of proximity between the parties? (2) Is it fair, just and reasonable to impose a duty of care? (3) Is it reasonable for the court to impose such a duty in all the circumstances of the case? If all three parts of the test are satisfied, then a duty of care may be established.

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