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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]
The first element of negligence is the legal duty of care. This concerns the relationship between the defendant and the claimant, which must be such that there is an obligation upon the defendant to take proper care to avoid causing injury to the plaintiff in all the circumstances of the case.
As a result, together with the duty of care under Spring, many organizations have issued guidance as to best practice to be undertaken by reference providers. [6] The duty of care has also been held to apply in non-reference situations, as noted in 2011 in McKie v Swindon College. [7]
It was noteworthy that both parties accepted that the school owed a duty of care. That duty of care, lined up with that set out in Lennon v. McCarthy & Anor [5] where Ó Dálaigh C.J. said that "the duty of a school master is to take such care of his pupils as a careful father would of his children."
Lord Slynn held that the doctor had a duty of care in regards to the pregnancy, but not towards the costs of rearing the child: [5] "The doctor undertakes a duty of care in regard to the prevention of pregnancy: it does not follow that the duty includes also avoiding the costs of rearing the child if born and accepted into the family.
Campaigner Will Powell [8] led a campaign for NHS managers and doctors to have a formal 'duty of candour' when dealing with complaints about negligence or poor standards of care in NHS hospitals. In January 2014 David Behan , chief executive of the Care Quality Commission (CQC), threw his weight behind a wide definition for the statutory duty ...
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.
As with the policy issues in establishing that there was a duty of care and that that duty was breached, remoteness is designed as a further limit on a cause of action to ensure that the liability to pay damages placed on the defendant is done fairly.