The Human Rights Act 1998

1355 Words Dec 11th, 2015 6 Pages
A duty of care arises at common law as long as the Caparo criteria is satisfied. This is applicable to public authorities in the regard that it is fair, just and reasonable to impose a duty upon them as they act for the collective welfare of society. Newtown Council is a local government authority exercising public function; it is therefore susceptible to liability. Furthermore, it is important to note that the introduction of the Human Rights Act 1998 has affected the law of negligence, a breach of duty that results in damage to the claimant. This area of law has shown to be problematic and has developed over the years as will be discussed subsequently.
Alice v Newtown Council Alice is suing the council on the false allegation of being over fed by her mother. The claim is negligent had the council concluded this on unfounded evidence. Alice is seeking remedy of damages for depression caused. In order to succeed in her claim, she has to establish the council owed her a duty of care then show that it has been breached, causing her psychiatric injury. In establishing the council owed her a duty of care, the defendant may argue the facts of X v Bedfordshire, holding that it is not fair, just and reasonable to impose a duty of care on a public authority to protect children connoting claimants cannot reason the job was done badly. This decision was made on the basis that it was not ethical to impose a duty solely on social workers. It can be argued that if…

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