tort law

Introduction. For this piece of work I will be examining the principles of duty of care using relevant case law examples. I will be discussing the consequences where there is a breach of that duty. I will also give a brief explanation of statutory liability and highlight some if the controls on exclusion clauses at common law and by legislation. Duty of Care. Duty of care is a legal obligation that is imposed on any individual but only when they adhere to a reasonable standard of care while performing any acts that could harm others. A duty of care must clearly be recognised in order to proceed with an action in negligence. The claimant must be able to articulate a duty of care imposed by law which the defendant has breached. Breaching a duty may subject an individual to liability in tort. Duty of care can be known as the responsibilities of an individual held towards another individual in society. Duty of care cannot really be defined by law; however it will often develop through the jurisprudence of common law. An example would be doctors. Doctors will be held reasonable standards for members of their profession, rather than those of the general public in cases related to them. In cases of landowners in common law, is the extent of their duty of care to those who came on their premises. However this varied depending on whether a person was classified as a trespasser,

  • Word count: 1841
  • Level: AS and A Level
  • Subject: Law
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