Duty of Care

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Donoghue v Stevenson - Led to Lord Atkins Neighbour Principle; 'Who is thy Neighbour?'

The answer is those who are closely affected by the consequences of an Act or omission 

Circumstances where a Duty of care is owed

  • Manufacturer owes a DoC for goods
  • Road user owes a DoC to other road users 
  • A professional person 
  • An employer owes employees DoC 

Principles of Donoghue v Stevenson too basic, so came Caparo v Dickman test - 3 parts; 

  • Reasonably Foreseeable
  • Relationship of Proximity

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