Is it an established duty situation?
[[Yes->Apply any case evidencing such a relationship of duty, e.g. (Bolam) for doctor-patient, (Nettleship) for driver-passenger]]
[[No->Is it an omission?]]Apply any case evidencing such a relationship of duty, e.g. (Bolam) for doctor-patient, (Nettleship) for driver-passengerIs it an omission?
[[No->Is there an existing case with sufficiently analogous legally significant features?]]
[[Yes->Did the Defendant create the initial risk?]]Is there an existing case with sufficiently analogous legally significant features?
[[Yes->(Robinson, Caparo)]]
[[No->In the court's judgement, does the proposed duty tested against considerations of legal policy, achieve justice and coherence in the law? (James-Bowen)]]Did the Defendant create the initial risk?
[[Yes->(Haynes v Harwood)]]
[[No->Was there a relevant pre-tort relationship between Claimant and Defendant?]](Haynes v Harwood)Was there a relevant pre-tort relationship between Claimant and Defendant?
[[Yes->(Reeves)]]
[[No->Was there a relevant pre-tort relationship between Defendant and third party?]](Reeves)Was there a relevant pre-tort relationship between Defendant and third party?
[[Yes->(Dorset Yacht)]]
[[No->Had the defendant assumed a responsibility towards that particular Claimant?]](Dorset Yacht)Had the defendant assumed a responsibility towards that particular Claimant?
[[Yes->(Kent, Sherratt)]]
[[No->Is there an existing case with sufficiently analogous legally signicant features?]](Kent, Sherratt)Is there an existing case with sufficiently analogous legally signicant features?
[[Yes->(Robinson, Caparo)]]
[[No->In the court's judgement, does the proposed duty tested against considerations of legal policy, achieve justice and coherence in the law? (James-Bowen)]](Robinson, Caparo)In the court's judgement, does the proposed duty tested against considerations of legal policy, achieve justice and coherence in the law? (James-Bowen)
[[Yes->Duty of Care]]
[[No->No Duty of Care]]Duty of CareNo Duty of Care