Analyzes the principle of 'duty of care' through various English case laws.
Written in 2008; 4,875 words; 41 sources; MLA; $ 124.95
Paper Summary:
This paper explains that, in England, the principle of 'duty of care' is an essential ingredient in torts and imposes liability on persons who breach the same in a contract under the tort law. The author points out that 'duty of care' stands as one of the most basic foundations of this law and is unavoidable. The paper then elaborates and throws light on what exactly the principle means and holds, and enumerates various instances where a standard degree of duty or care is expected to be adhered to.
Table of Contents:
Introduction
Hypothesis
General Instances of Duty and Care
Duty of Care and Product Liability
Changing Perspective with regard to Product Liability
Conclusion
From the Paper:
"Suppliers of goods, both retailers and wholesalers have been held accountable when their function exceeded the purview of mere distribution. For example, a car dealer selling vehicles reconditioned by him (Herschtal vs. Stewart and Ardern Ltd. [1940 1 KB 155]), a retail chemist (Kubach vs. Hollands [1937] 3 All ER 907) who failed to examine the manufacturer's directives to test the product before labeling it, were both found to be liable to injured customers. The term 'products' would include not only food and drink, but any product which is used for domestic purposes."
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