Duty Of Care

Introduction

Negligence covers different forms of behaviour and rights in today’s society. The general principle of negligence guarding today’s society is such that a person should not harm people to whom he/she owes a duty of care. Furthermore, the failure to act reasonable is considered to be negligence. A level of care that a reasonable man under the same circumstance would have exercised a better level of care to whom he or she owes the legal duty too. The law of Negligence has advance over the past century with the establishment of the railroads and the rapid increase of Accidents following the industrial revolution and the increase in industrial

For this reason the courts acknowledged that duty of care.

Duty of Care Duty of Care is the legal liability or responsibility of a defendant to a plaintiff, which is based on the defendant’s non-fulfillment to obligation or duty owed to the plaintiff. Under duty of care we have the Neighbour Principle, which arose in the case of Donoghue v Stevenson in which lord Atkins was well known for his speech on Neighbour principle is as stated A owes B a duty of care necessarily requires a consideration of whether A ought to take care after B interest. Lord Atkins personal view help to explain that every individual owes a Duty of Care to his or her neighbour There are two starting element to Duty of Care

• Proximity

• Reasonable

They were found to be negligent because the person they present as the person to value the house had no construction knowledge and never put himself forward as a competent to value the residence. it was held that a duty of care that arose from the proximity of the parties involved, and also the foreseeability of damage was also established and it also lacked the absence of compelling exception based on public policy. Although this test has been applied in several Supreme Court and high Court decisions, it was only a mere obiter dictum. Which only indicated a retraction towards the approach and general adoption of the English