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United Kingdom duty of carepublic authority liability

Anns v Merton London Borough Council

[1978] AC 728
JurisdictionUnited Kingdom
CourtUK House of Lords
Year1978
StatusOverruled

Summary

Established two-stage test for duty of care in negligence, but subsequently overruled by Murphy v Brentwood and departed from in Caparo v Dickman.

Key Principle

two-stage test for duty of care (largely departed from; historical significance)

Area of Law

Tort — Duty of Care

Related Cases

Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4

Established duty of care categories apply directly; Caparo three-stage test is reserved for genuinely novel situations only.

Henderson v Merrett Syndicates Ltd [1995] 2 AC 145

A professional who assumes responsibility for another's affairs owes a Hedley Byrne duty of care in tort for pure economic loss, concurrent with any contractual duty.

Murphy v Brentwood District Council [1991] 1 AC 398

No duty of care in negligence for pure economic loss caused by defective buildings; expressly overruled Anns v Merton LBC.

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