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The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the established and implicit ...
There are two ways in which a duty of care may be established: the defendant and claimant are within one of the recognised relationships where a duty of care is established by precedent; or; outside these relationships, according to the principles developed by case law. The principles delineated in Caparo v Dickman specify a tripartite test:
Donoghue v Stevenson [1932] AC 562 was a landmark court decision in Scots delict law and English tort law by the House of Lords.It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
Only in novel cases, where established principles did not provide an answer, would courts need to go beyond established principles to decide whether to recognize a duty of care. [14] In the instant case, the existence of a duty depended on the application of established principles of negligence. [15]
Caparo Industries PLC v Dickman [1990] UKHL 2 is a leading English tort law case on the test for a duty of care. The House of Lords, following the Court of Appeal, set out a "three-fold test". In order for a duty of care to arise in negligence:
Spandeck Engineering v Defence Science and Technology Agency [2007] SGCA 37 was a landmark decision in Singapore law. [1] [2] It established a new framework for establishing a duty of care, differentiating the Singaporean law of tort from past English common law precedent such as Caparo v Dickman and Anns v Merton, whilst also allowing for claims in pure economic loss, which are generally not ...
Hedley Byrne v Heller was held as an example of a case in which there was a reduction in the scope of the duty of care. The Anns Test was established a by Lord Wilberforce as two-stage test. It required a sufficient relationship of proximity based upon foreseeability and then considerations of reasons that there should not be a duty of care.
McFarlane v Tayside Health Board [2000] 2 AC 59 [1] is a leading House of Lords decision concerning wrongful birth in the English law of negligence, though the case was Scottish. The specific ratio decidendi of the decision is debated, but the judgments provide guidance and authoritative discussion used in later cases.