... policy question would arise: is there any valid policy reason to deny the existence of duty of care? The modern test was laid down in Caparo Industries Plc v Dickman6 where the damage to the plaintiff should be reasonably foreseeable, the relationship between the plaintiff and the defendant must be suffiently proximate. Moreover, to impose a duty of care it must be fair, just and reasonable. Although the three stage test was adopted in many cases there is no universal approach to duty situations.' The criteria is little more than convenient labels to attach to the features of different specific situations which the law recognises as giving rise to a duty of care of a given scope'7Therefore, the courts' decisions mostly depend on a question of policy and also on a third limb of Caparo, faireness, justice and reasonableness considering both broad issues of policy and the imposition of a ...

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