Duty Of Care

Question 1

What is a duty of care?

Answer 1

A duty of care is the obligation owed by the defendant to the claimant to avoid causing the C loss or damage.

Question 2

When is a duty of care established?

Answer 2

First consider if there is an existing precedent or analogous precedent. If not:
- is there reasonable foreseeability of harm?
- is there a relationship of close proximity?
- is it fair just and reasonable to impose a duty of care?

Question 3

When could a duty arise in relation to acts of third parties?

Answer 3

• where there is a special relationship between the D and third party, such as control or supervision;
• where someone creates a source of danger and it is reasonably foreseeable that the third party would interfere
• where there is a failure to stop the danger created by a third party
• where a person assumes a specific responsibility for C’s safety and carelessly fails to protect him
• where an employer is vicariously liable for his employees crime