Roadmap: Will there be a duty of care in negligence?

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-passenger

Is 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 Care

No Duty of Care