Caparo Industries v Dickman [1990]

This is the only case that isn’t to do with medical negligence but it is integral to understanding Duty of Care as it’s where the test originated.

Facts:

  • Caparo, an investor, purchased shares in a company that Dickman had done the accounts for.
  • Caparo ended up losing money as Dickman’s accounts were negligent and the company wasn’t as profitable as first thought.

Problems:

  • Could Caparo hold Dickman liable for loss of money due to negligent accounts despite the two parties not in contract with one another?

Decision:

  • No, because Dickman had no duty of care obligation to Caparo.
  • Duty of care branch was not satisfied.
  • The two parties were not in contract with each other, there was no relationship.

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