Duty of Care 10 mark Essay

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  • Created by: cecollier
  • Created on: 01-04-14 16:04

Duty of Care

When looking at duty of care the first thing that the court will consider is whether it was reasonably foreseeable that if the defendant acts in the way that they do the claimant will suffer injury/harm/damage as a result; Donoghue v Stevenson, or property damage; Smith v Littlewoods

the second thing that the court will consider is proximity, a relationship or type of victim. There are three types of victim; a primary victim, secondary victim or a rescuer. A primary victim is someone that is directly involved in the incident; Page v Smith . A secondary victim is usually a bystander or a person that witnesses the incident.


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