Which is NOT a component of the Caparo test?

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Multiple Choice

Which is NOT a component of the Caparo test?

Explanation:
Caparo is about whether a duty of care exists in negligence, using three gates: foreseeability of harm, proximity between the parties, and that it would be fair, just and reasonable to impose a duty. Causation, while essential to liability, is not one of these gates. It concerns whether the breach actually caused the harm, and that concept is analyzed separately once a duty is established. So the option describing causation isn’t part of the Caparo test. The other three elements—foreseeability of harm, proximity, and the fairness/fair, just and reasonable test—are exactly the components of Caparo.

Caparo is about whether a duty of care exists in negligence, using three gates: foreseeability of harm, proximity between the parties, and that it would be fair, just and reasonable to impose a duty. Causation, while essential to liability, is not one of these gates. It concerns whether the breach actually caused the harm, and that concept is analyzed separately once a duty is established. So the option describing causation isn’t part of the Caparo test. The other three elements—foreseeability of harm, proximity, and the fairness/fair, just and reasonable test—are exactly the components of Caparo.

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