An analysis of the legal responsibilities in the determination of duty of care.
Written in 2004; 2,969 words; 10 sources; MLA; $ 87.95
Paper Summary:
The purpose of this paper is to examine the approaches, used by courts, of the concepts of neighbor, proximity, and foresee ability, as used in the determination of duty of care. It identifies the case origins from the United Kingdom and examines the influences that these decisions have had on the interpretation of duty of care in Australia.
From the Paper:
"Over time, courts came to realise that the "neighbour test" was being interpreted particularly broadly in terms to proximity and reasonable foreseeability. Lord Reid in 1970, pointed out in Dorset Yacht co. v. Home Office that the neighbour test ?had long been recognised as not intended to afford a comprehensive definition, to the effect that every situation which is capable of falling within the terms of the utterance and which results in loss automatically affords a remedy in damages.? (Walton et al 2001, p21)."
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