Torts: Novel Duty of Care — The Anns/Cooper Framework
Original exam-style practice. Not an official university, NCA, law-society or bar-admission paper.
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Prompt
State the Anns/Cooper two-stage test for a novel duty of care.
Answer
Stage 1: prima facie duty where harm is reasonably foreseeable AND the parties are in a relationship of proximity. Stage 2: residual policy considerations may negate or limit that duty (Cooper v Hobart).