1. Is there a Duty of care? - 2. Is there a Breach of that duty? - 3.Is there harm suffered as a result of that breach? - 4. Is there an existing line of cases to be applied in the fact scenario such as Dorset Yacht? - 5. If yes, then apply the jurisprudence for that particular scenario and tortious injury? - 6. If there are no line of cases, then ask whether there is sufficient proximity between the alleged victim and alleged tort feasor to apply a duty of care. Ask using an objective test, whether the reasonable man should have had the alleged victim in his contemplation. - 7. If the alleged tort feasor should have had the alleged victim in his contemplation according to the reasonable man test, there is sufficient proximity. - 8. With sufficient proximity, then you can say there is a duty of care and then apply base principles to the facts as to whether the duty ...