Question from ini, Doctrine of Duty of Care in Negligence Law

Answer from AI:

The doctrine of duty of care is a fundamental concept in the tort of negligence, which requires individuals and entities to exercise reasonable care to avoid causing harm to others. This principle is rooted in the landmark case of Donoghue v Stevenson [1932] AC 562, where Lord Atkin established the “neighbour principle,” stating that individuals must take reasonable care to avoid acts or omissions that could foreseeably harm their “neighbours,” or those closely and directly affected by their actions.

Key Elements of Duty of Care

To establish a duty of care in negligence, the following elements must typically be satisfied:

1. Foreseeability: The harm must be a foreseeable consequence of the defendant’s actions.
2. Proximity: There must be a close and direct relationship between the parties.
3. Fair, Just, and Reasonable: It must be fair, just, and reasonable to impose a duty of care in the circumstances.

Development of the Doctrine

Over time, the courts have refined the doctrine of duty of care through various cases, such as Caparo Industries plc v Dickman [1990] 2 AC 605, which introduced a three-part test to determine the existence of a duty of care. This test considers foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty.

Application in Public Authorities

When it comes to public authorities, such as the police, the courts have been cautious in imposing a duty of care due to concerns about resource allocation and the potential for conflicting duties. The case of Hill v Chief Constable of West Yorkshire [1989] AC 53 is a notable example, where the House of Lords held that the police did not owe a duty of care to individual members of the public in the investigation of crime, emphasizing the need to allow the police to perform their duties without the fear of litigation.

Brooks v Commissioner of Police for Metropolis

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