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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

  1. Novel duty situations are those not covered by existing precedent.
  2. The courts use an 'incremental approach', developing the law by analogy to previous cases.
  3. The three-stage Caparo test is a guide, not a definitive formula in novel cases.
  4. Policy considerations, such as the 'floodgates' argument, are highly influential in restricting liability.