Negligence – Duty of Care Analysis – Novel Category

This question also deals with the issue of negligence as it relates to the duty of care analysis. The crucial issue here is whether the defendants owe a duty of care to Claire’s father.

However, in contrast to our analysis in Sample Question 1 on established category of duty of care, the analysis here is in respect of a novel category of a duty of care. You must take note of the differences between the analyses here and that in Sample Question 1; different principles apply which you must master to enable you arrive at the correct answer.