What is the purpose of the Caparo Test in Tort Law?

The Caparo Test in Tort Law serves to ascertain if a duty of care is owed in novel cases, which is indeed the correct focus of the Caparo framework. This test emerged from the landmark case Caparo Industries plc v. Dickman, where the court established a three-part test to determine duty of care in circumstances that were not previously addressed by existing precedents.

The three criteria outlined in the Caparo Test require that the harm must be foreseeable, that there must be a relationship of proximity between the parties, and that it must be fair, just, and reasonable to impose a duty of care in the given situation. This test allows courts to systematically evaluate whether a new duty of care should be recognized, helping to maintain consistency and fairness in tort law.

Other concerns such as determining the standard of care in personal injury cases or assessing if damages are recoverable are part of tort law but are not the specific function of the Caparo Test. Similarly, evaluating the fairness of a contract falls outside the purview of tort law and relates more to contract law principles. Thus, while these elements may be crucial in the broader context of tort law and legal liability, they do not pertain specifically to the role of the Caparo Test.