... was established: 1. Was the damage to the claimant reasonably foreseeable? 2. Was the relationship between the claimant and the defendant sufficiently proximate? 3. Is it fair, just and reasonable to impose a duty of care? It is often very difficult for the claimant to show proximity between themselves and the police in the investigation of a crime unless there has been some 'assumed responsibility' towards a particular claimant. This term has been taken from American jurisprudence and an assumed responsibility can be said to exist where the police have the knowledge that one particular person or a small group is at higher risk than the rest of the population. Arguments that an extension of liability for negligence would lead to a flood of litigation or to fraudulent claims were once granted greater conviction than they are today. Other arguments, such as the possible commercial or financial consequences, the prospect of indeterminate liability and the ...

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