What aspect does the Caparo Test assess regarding the relationship between parties?

The Caparo Test is a legal framework used to determine whether a duty of care exists in negligence claims. It originated from the case of Caparo Industries plc v. Dickman and specifically examines the proximity between parties. Proximity refers to the closeness or direct relationship that must exist between the claimant and the defendant for a duty of care to be established.

In applying the Caparo Test, the courts assess multiple factors, including the foreseeability of harm, the proximity of the parties, and whether it is fair, just, and reasonable to impose a duty of care. Therefore, the aspect being assessed by the Caparo Test is indeed the proximity between the parties, as it is a critical component in determining if one party owes a duty of care to another in a negligence context.

While contractual obligations, historical relationships, and levels of liability in past cases might be relevant in other contexts of law, they do not directly pertain to the specific assessment made by the Caparo Test regarding the relationship of proximity necessary for establishing a duty of care.