Explain, using examples, the meaning of the term duty of care.

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INTRO

  • Duty to take reasonable care when it may affect other people
  • Donoghue v Stephenson
    • First case to mention DoC
    • A snail had been found in a bottle of ginger beer
    • Mrs Donoghue had been ill as a result
  • Neighbour Principle
    • Lord Atkin
    • "persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation"
  • Caparo v Dickman 
    • 3 part caparo test

REASONABLE FORESEEABLE

  • Reasonable man
    • "the man on the clapham omnibus"
  • Jolley v Sutton
    • 14 year old boy fell off of an abandoned boat
    • Had been playing on it and trying to…

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