Is there a duty of care?

1. Is there a Duty of care?
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2. Is there a Breach of that duty?
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3.Is there harm suffered as a result of that breach?
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4. Is there an existing line of cases to be applied in the fact scenario such as Dorset Yacht?
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5. If yes, then apply the jurisprudence for that particular scenario and tortious injury?
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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.  
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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.
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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 was breached and harm was suffered.
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9. Finally, consider whether there are any policy grounds to deny a duty of care and any cases that establish the denial of a duty in the fact scenario.

Written in honor of Dr.Menski and  Professor Andrew Huxley(deceased), Law Lecturers at S.O.A.S. 

By Warren A. Lyon, LL.B(Hons), S.O.A.S. Class of 2000.