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The common law position regarding negligence recognised strict categories of negligence. In 1932, the duty of a care applied despite no prior relationship or interaction and was not constrained by privity of contract. [2] Here, a duty of care was found to be owed by a manufacturer to an end consumer, for negligence in the production of his goods.
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Tort law, Duty of Care, Law Reform (Contributory Negligence) Act 1945: A bank which executes a fraudulent instruction to transfer funds out of a company's account can be held as liable for a breach of its duty of care even if the instruction to transfer the money was made by the controlling shareholders and directors of the company. [50] R v ...
Situations in which a duty of care have previously been held to exist include doctor and patient, manufacturer and consumer, [2] and surveyor and mortgagor. [3] Accordingly, if there is an analogous case on duty of care, the court will simply apply that case to the facts of the new case without asking itself any normative questions. [4]
The establishment of a duty of care is usually broken up into a three-step test. The first case to establish a general duty of care was Donoghue v Stevenson. [3] Famously, Mrs Donoghue claimed compensation for illness after she consumed a ginger beer containing a decomposed snail in a public house in Paisley, Scotland.
Cases are listed in order of their neutral citation and where possible a link to the official text of the decision in PDF format has been provided. The case summaries below are not official or authoritative. Unless otherwise noted, cases were heard by a panel of 5 judges. Cases involving Scots law are highlighted in orange.
Lord Reed went on to state that the case concerned a positive act rather than an omission [20] and found that the appellant's injuries were caused by the officers' breach of their duty of care; she was injured due to exposure to the danger from which the police had a duty of care to protect her. [2] As a result, the appeal was allowed.
Caparo v. Dickman: 3 Tests for duty of care is whether the damage was reasonably foreseeable, whether there was a relationship of proximity between claimant and defendant; and whether it is just and reasonable to impose a duty. House of Lords case. McDonald's coffee case: An American court case that became a cause célèbre for advocates of ...
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