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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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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]
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 ...
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. Cases involving Northern Irish law are highlighted in green. List of judgments of the Supreme Court of the United Kingdom delivered in 2009
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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.
Case name Citation Date Legal subject Summary of decision Paul & Anor v Royal Wolverhampton NHS Trust [2024] UKSC 1 11 January 2024 Tort law, Nervous shock: A person cannot claim compensation for a recognised psychiatric illness caused by witnessing the death or injury of a close family member or other loved one due to medical negligence.
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