• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Duty of Care

Extracts from this document...

Introduction

Duty of care In tort law, a duty of care is legal obligation imposed on an individual requiring a standard of reasonable care while performing any acts that could foresee-ably harm others. The courts had decided that a duty should be owed, E.G road accidents, bailments or dangerous goods. The neighbor test has been made to expound such a general test, the neighbor principle means that you must take reasonable care to avoid acts or omissions which you can reasonably foresee, would be likely to injure your neighbor. With the term 'neighbor' its meant people who are so closely and directly affected by your act, E.g drivers and road users, doctors and patients. ...read more.

Middle

foreseeability of the damage; (b) a sufficiently 'proximate' relationship between the parties and (c) it must be fair, just and reasonable. The claimant has to show these three elements in order there to have a duty of care. Foreseeability means whether a hypothetical 'reasonable person' would have foreseen damage in the circumstances. There is no duty of care if the damages are not reasonably foreseeable, the case of Kent v Griffiths is where the claimant was an asthmatic person, she suffered from an asthma attack, there was called for an ambulance but it arrived 40 minutes late. In this case foresight was established but in the case of Bourhill v Young where a pregnant woman suffered psychiatric harm after walking onto the scene of a motorcycle accident, she ...read more.

Conclusion

There are a number of relationships that give rise to an affirmative duty to prevent harm. These include employer and employee, parent and child, driver and passenger, referee and player in a football match. Its fair, just and reasonable to impose liability even if the harm was foreseeable, the parties were close, the courts decided there wouldn't be a duty of care, because fair, just and reasonable will depend on the proximity of the relationship between that parties and other relevant factors e.g. public policy. However in Capital & countries Plc v Hampshire County Council, this case is an example, where the fire brigade attended a fire and a fire brigade ordered that the sprinkler system should be off, so this led to a more serious fire damage. This was fair, just and reasonable to recognize a duty of care if the damage is not reasonably foreseeable. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Tort section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Here's what a teacher thought of this essay

3 star(s)

A generally accurate answer which does include some examples and case examples. However there are a number of improvements that could be made to make the answer more accurate.
Rating ***

Marked by teacher Nick Price 18/03/2012

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Tort essays

  1. Marked by a teacher

    "The Nedrick/Woolin direction on intention manages to produce a clear distinction between intention and ...

    4 star(s)

    In order for a defendant to be convicted of murder under the Nedrick/Woollin direction, the consequences of their actions must have been virtually certain and they must have known them to be. In the terrorist example, 'it might realistically be said that the terrorist did not foresee the killing of

  2. Marked by a teacher

    Questions related to the tort of negligence.

    3 star(s)

    and Elvis have a master-servant relationship, leaving Freddy free to sue either or both of them. He might also have to prove that Darratts were liable as occupiers of the property to make sure that he was reasonably safe. However, it seems that if Darratts were building the house to

  1. Consider the meaning and importance of fault-based liability in English law

    This can be illustrated using a number of cases, including R v White. In this case the defendant tried to poison his mother but she ended up dying of natural causes before the poison could take effect. Because of this he was not able to be convicted of attempted murder.

  2. EVALUATING PSYCHIATRIC HARM

    However, there is still difficulty in defining what amounts to a medically recognised psychiatric injury. While it is clear that conditions such as post traunmatic stress disorder are recoverable, the law is less clear on conditions that may be argued to be no more than profound grief.

  1. Examine the arguments for and against strict liability illustrating your answer with example of ...

    Strict liability is in some drug offences and as a result of that there is more effective protection against dangerous drugs. Both to protects the public and to make it more difficult for offenders to evade (avoid) liability by arguing that they did not know the drug were in their possessions.

  2. UNIT3 ASSIGNMENT4 LAW OF TORT

    The present law of private nuisance developed from the old 'Assize of Nuisance', which was only available to freeholders (people who owned the freehold of land). Today, the claimant (Leonard) must still prove interference with occupation of their property, or enjoyment of rights over their property, such as the right

  1. Contributory negligence and volenti non fit injuria are very similar in nature and effect. ...

    Rescuers are also protected by the plea of volenti being used against them. They will not be said to be given consent merely because they have been conscious and deliberately acted to give help to the people in harm.

  2. In this report, the differences between contractual liability and tortuous liability are explained. In ...

    The area of law that deals with negligence on the part of manufacturers is called product liability. People who own or occupy property have duty to maintain their property so that no one entering the property will be injured. This legal responsibility is called occupiers? liability.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work