Caparo Industries plc v. Dickman [1990]

[1990] 2 AC 605 · House of Lords · United Kingdom

Summary

Leading UK duty of care case.

Facts

Investors alleged auditors owed them a duty after audited accounts influenced share purchases.

Issue

When does a duty of care arise for negligent misstatement?

Held

No duty was owed to investors for the takeover purpose.

Ratio Decidendi

The Caparo test asks foreseeability, proximity, and fairness for novel duty situations.

Reasoning

Duty requires foreseeability, proximity, and that imposing duty be fair, just, and reasonable.

Significance

Leading UK duty of care case.

Related Cases

No related cases listed.

Exam Tips

Review the ratio and reasoning before applying this case in problem questions.

Sources