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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 ...
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.
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.
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]
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.
Occupiers' liability is a field of tort law, codified in statute, which concerns the duty of care owed by those who occupy real property, through ownership or lease, to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises.