The Anns test was a two-stage test established in the landmark case of Anns v Merton London Borough Council ([1978] AC 728) to determine whether a duty of care exists in negligence claims. It has since been superseded in many jurisdictions, but remains significant in legal history.
The Two Stages of the Anns Test
The Anns test involved asking two key questions:
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Proximity: Is there a sufficient relationship of proximity based upon foreseeability between the plaintiff (the injured party) and the defendant (the alleged wrongdoer)? In other words, was it reasonably foreseeable that the defendant's actions (or omissions) could cause harm to the plaintiff? If the answer is no, no duty of care arises.
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Policy Considerations: If a sufficient relationship of proximity exists, are there any policy considerations that ought to negative, reduce, or limit the scope of the duty, the class of persons to whom it is owed, or the damages to which a breach of it may give rise? This allows the court to consider whether, even if a duty would otherwise exist, public policy reasons justify denying or restricting that duty.
Significance and Decline
The Anns test was a significant development in the law of negligence, broadening the scope of potential liability. However, its expansive application led to concerns about excessive litigation and uncertainty. Courts in many common law jurisdictions, including the UK and Canada, subsequently moved away from the Anns test, replacing it with modified or entirely new approaches.
Current Status
While the Anns test is no longer the prevailing test for duty of care in many jurisdictions, understanding it is crucial for comprehending the historical development of negligence law. The principles of foreseeability and policy considerations remain relevant in modern duty of care analysis, albeit within different frameworks.
