The Duty of Care in English Tort Law

The Duty of Care in English tort law is a key principle in negligence claims, established in cases like Donoghue v Stevenson. This doctrine requires individuals and organisations to act reasonably to prevent foreseeable harm. Learn how Duty of Care has developed and its impact on negligence law.

Table of Content
📖 Introduction
📜 Historical Background and the Origins of Duty of Care
🔨 Establishing Duty of Care: The Three-Stage Test
🩸 Foreseeability of Harm
🚙 Proximity in the Duty of Care
👩‍⚖️ Fair, Just, and Reasonable: Policy Considerations
🧵 Special Categories and Exceptions
🌵 Conclusion

📝 Total Word Count: 6,551 words
📹 Videos: 6 videos
🎧 Podcasts: 1 podcast
🧠 Flowcharts / Mind Maps: 1 flowchart

📖 Introduction to Duty of Care

Background

The concept of "Duty of Care" underpins negligence law in English tort law. Duty of care refers to the legal obligation imposed on individuals to take reasonable care to avoid causing harm to others. This principle ensures that individuals and organisations act with caution and responsibility in their activities. Failing to do so, where a Duty of Care is owed, can lead to liability for damages.

📌

Duty of Care helps define the scope of responsibility that a person or entity may have toward another in various situations, particularly when actions, or omissions, could foreseeably cause harm.

Importance of the Principle in Tort Law (in the Context of Negligence)

In tort law, negligence is one of the most frequently litigated areas, and Duty of Care is a fundamental element of this claim. To succeed in a negligence action, a claimant must establish that the defendant owed them a Duty of Care, that the duty was breached, and that the breach caused the harm or loss suffered.

Without establishing the existence of a Duty of Care, a claim in negligence cannot proceed. This principle not only helps determine the boundaries of legal responsibility but also balances the interests of protecting individuals from harm while not overburdening people with unreasonable duties.

The Evolution of Duty of Care

The development of the Duty of Care principle in English law is often traced back to the celebrated case Donoghue v Stevenson [1932] AC 562. In this case, Lord Atkin introduced the "neighbour principle," which laid the groundwork for modern negligence law.

Since then, the concept has been refined through various cases, including Caparo Industries Plc v Dickman [1990] 2 AC 605, which established a more structured test for determining when a Duty of Care exists. Duty of Care continues to develop, influencing not just English law but also other common law jurisdictions. It is important because it shapes legal expectations of behaviour and promotes accountability across different contexts, from personal injury to professional duties.