Duty of Care Test
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This paper briefly examines how the development of the duty of care test has focused on both policy issues - external factors, as well as internal ones such as proximity and relationship. To prove such a point, the paper traces the development of the duty of care test by examining the English and New Zealand positions' and the major cases which led to such.
From the Paper:"The first major case involving duty of care was Donaghue v Stephenson. Here, Lord Atkin sought for a general rule to see if someone owed a duty of care, as up until this point the cases had not been brought together for such a principle yet. What he came up with was his neighbour principle. Atkin said that we must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. He went on to state that in law, a person's neighbour was someone who was so affected by your act that you must have taken them into consideration. As such, this became the first principle in determining whether a duty was owed; was there a neighbour relationship?"
Sample of Sources Used:
- The law of torts in New Zealand Stephen Todd and John Hughes 2009
Cite this Term Paper:
Duty of Care Test (2012, October 12) Retrieved November 23, 2020, from https://www.academon.com/term-paper/duty-of-care-test-151837/
"Duty of Care Test" 12 October 2012. Web. 23 November. 2020. <https://www.academon.com/term-paper/duty-of-care-test-151837/>