What are the three components of the Caparo test for imposing a duty of care?

• A. Foreseeability of harm; proximity between claimant and defendant; and whether it is fair, just, and reasonable to impose a duty.
• B. Foreseeability of harm; whether the defendant owed a duty; proximity.
• C. Proximity; foreseeability; breach of duty.
• D. Whether it is fair, just and reasonable to impose a duty; standard of care; foreseeability.

Answer: (A)

The test is about the Caparo three-stage approach to deciding when a duty of care exists in negligence. First, foreseeability of harm asks whether it was reasonably predictable that the defendant’s actions could cause harm to someone in the claimant’s position. Second, proximity looks at the closeness or connection between the parties—whether there’s a sufficiently near relationship in space, time, or circumstance to justify imposing liability. Third, and crucially, is the policy-based check: would it be fair, just, and reasonable to impose a duty in the circumstances, taking into account wider societal implications and potential consequences.

So the best answer lists foreseeability of harm, proximity, and the fairness/justice/reasonableness consideration. The other options mix in elements that belong to other stages of negligence (like breach or standard of care) or suggest a pre-existing duty, which Caparo doesn’t require as part of establishing a new duty of care.