9084 · 4.1.5
Novel duty situations
9084 Tort — psychiatric harm, pure economic loss, public bodies, omissions.
Need to know
What you need to know
- Novel duty situations are those not covered by existing precedent.
- The courts use an 'incremental approach', developing the law by analogy to previous cases.
- The three-stage Caparo test is a guide, not a definitive formula in novel cases.
- Policy considerations, such as the 'floodgates' argument, are highly influential in restricting liability.
Explanation
Novel duty situations
- Novel duty situations are those not covered by existing precedent.
- The courts use an 'incremental approach', developing the law by analogy to previous cases.
- The three-stage Caparo test is a guide, not a definitive formula in novel cases.
- Policy considerations, such as the 'floodgates' argument, are highly influential in restricting liability.