ipl-logo

Duty Of Care Theory

1507 Words7 Pages
bulb-icon

Recommended: Explain what is meant by a ‘duty of care’

Question 1 Duty of care can be defined as ‘the lawful duty to prevent causing any harm or injury by taking reasonable care.’ There will be a breach of duty of care owed towards the claimant if there is an act or omission that causes the harm or injury. The neighbour principle is where an individual able to reasonably foresee that his or her actions might cause physical harm or injury to another individual or property of others, thus there will be a duty to take reasonable care in most circumstances (Law & Martin (ed.) 2013, p. 187). In the well-known case of Donoghue v Stevenson [1932] AC 562, Lord Atkin developed a principle known as the ‘neighbour principle’ to determine when duty of care might arise. The extent to which a duty of care exists will be subject to the relationship between the parties as well as the different circumstances of the case (Law & Martin (ed.) 2013, p. 188). The courts in Caparo v Dickman [1990] 2 AC 605 have developed a three tier test to establish the existence of a duty of care. At the earliest formulation of the duty of care concept in Donoghue v Stevenson [1932] AC 562, the elements of foresight as well as proximity were present in the 1932 decision. The plaintiff, Mrs Donoghue, alleged that she and a friend went to a cafe. Her friend had purchased a bottle of ginger beer for her consumption. …show more content…

Therefore, foreseeability along with proximity continues to be the main elements in the duty of care concept today (Steele 2010, p. 148). The significance of this case is that it recognized a general tort of negligence through the judgment of Lord Atkin in particular. Thus, it is not confined to situations of specific duty (Steele 2010, p. 147). Generally Donoghue v Stevenson [1932] AC 562 is recognized to be initiating the process where a general tort of negligence

Show More
Related

Wrongful Death Case: The Hill V. Ohio County

165 Words | 1 Pages

The Hill v. Ohio County involves a wrongful death case in which the hospital refused to admit Juanita Monroe. She thought she was in labor. As a result, she delivered her child at home without medical attention and died shortly after giving birth. The plaintiff was Lorene Hill, administer of Monroe’s estate, against Ohio Country Hospital. The question arises whether there was a breach of duty by the hospital in accordance to the institution’s admission policy.

Read More

R. V. Saulte Ste Case Study

1403 Words | 6 Pages

This essay will be organized by answering the questions in chronological order; to which in the first question, I will be looking heavily into the case of R.v. Saulte Ste. Marie and Roach. It will incorporate the regulatory offences and the mental blameworthiness and how strict liability acts as a balance between the two. It will also include the defence of due diligence.

Read More

Martin Lewis Case Study

1280 Words | 6 Pages

State Bank of Lombard, 125 Ill.2d 203, 215-16, 126 Ill.Dec. 519, 531 N.E.2d 1358 (1988) (citing Restatement (Second) of Torts § 314 (1965)), in addressing the duty of care element of negligence by a landowner. The court found no duty of care exists to protect others from criminal activities by third persons unless a “special relationship” exists between the parties. Zeroing in on the special relationship language, the court found that even if a special relationship exists between parties, in Illinois a landowner’s liability extends only to “physical harm” caused by acts of third persons. Marshall, 222 Ill.2d at 437, 305 Ill.Dec. 897, 856 N.E.2d 1048 (citing Restatement (Second) of Torts § 344 (1965)). The court further distinguishes special relationship as business invitor and invitee.

Read More

Mapp V. Ohio Case

899 Words | 4 Pages

In the light of the sentiment presented above, this paper discusses the circumstances that led to the case being heard in court. It explores the events that took place at each level of the case, the issues addressed

Read More

2.1 Explain Theories And Values That Underpin Own Practice

2657 Words | 11 Pages

2.2. Evaluate how duty of care contributes to safeguarding or protection of individuals and support individuals’ rights and choices. Duty of care requires you to promote the safety and wellbeing of individuals and prevent them from coming to any harm. Duty of care ensures that healthcare workers act only in the best interest of the

Read More

3.1 Explain What Is Meant By The Term Duty Of Care

485 Words | 2 Pages

Explain what is meant by the term of 'duty of care': Duty of care is when we must follow the correct policies and procedures in order to protect and safeguard children from any harm. This means that we have a respnsibility to do daily health and safety checks on all equipment that children are likely to use encase any of it is broken, we must carry our risk assessments in order to make sure that all work areas and play areas are safe for children to use and also most importantly we must carry out fire drills so that children are familiar with the sound of the fire alarm, aware on where they have to go in order to reach safety and what they have to do. Upholding the rights of children and young people:

Read More

Persuasive Essay On Gmo Labeling

1169 Words | 5 Pages

GMO Labeling Most of the food society consumes will be expected to contain genetically modified (GM) ingredients. Shoppers could think what they’re eating is healthy for them, but they don’t know what’s inside. Many people are agreeing that GMOs should be labeled because GMOs are becoming a problem to the environment and human health. Before you eat a meal or snack, do you ever actually think about where it comes from, what is in it, and how it will affect your body?

Read More

Reynolds V Clarke (1833)

1896 Words | 8 Pages

Lord bridge stated that what emerged was that in addition to the existing rule of foreseeability, for duty of care to arise there should exist between whom the duty is owed and the party owing the duty proximity and the situation one in which the court considers just, fair and

Read More

3.2 Explain The Main Points Of Agreed Procedures For Handling Complaints Essay

861 Words | 4 Pages

1.1 Explain what it means to have a duty of care in own work role. Duty of care means to have a legal responsibility towards others. It is a legal requirement that all health care workers must put the interest of their service users first and make sure that the service users do not come to any harm be it abuse or self-harm. As a care giver, my duty is to provide care according to the organisation’s code of practice in my day to day work, to make sure that my service users are supported and treated with dignity and respect by following the policies and procedures set out by my employer, it is my duty of care to involve service user in their care unless it is not possible for them to be involved. Service should be provided in a safe environment

Read More

Examining Wednesbury's Unreasonableness In Public Decision Making

1460 Words | 6 Pages

Here a compensation tribunal was set up to compensate the families of victims who had died in the Stardust tragedy. The grieving father of one victim sought a review of a decision made by the tribunal to award the mother of a victim compensation and the father no compensation. The court refused to quash the decision of the tribunal and, strangely, agreed that there were circumstances which justified awarding of compensation to one parent and not the other. This decision was made by a court which was quite critical of the approach taken by Lord Diplock in GCHQ. Henchy J. said he would be ‘slow to test reasonableness by seeing if it accords with logic’ and would be ‘equally slow’ to accept the moral standard criteria believing it a vague and inconsistent principle to base reasonableness on.

Read More

Equity And Rule Of Law: Is Equity More Determinate

894 Words | 4 Pages

Abstract This article critically considers whether Equity has developed and is now more determinate in relation to the propositions involved in the quote made by Professor Matthew Harding. To fully consider this topic, the article is going to look at the views of different judges and commentators as well as discussing the relevant case law. The article will talk about conscience, equitable maxims, and imperfect gifts. The fusion theory will also be mentioned to determine if Equity is as certain as Common Law.

Read More

Bourhill V Young Case Summary

1153 Words | 5 Pages

The law of tort applies duties of the civil law in respect to a wide range of behavior which are relevant to a business activity, this area of law serves a very important role for consumers and those are doing business with them. As stated above in order to have a sure fire claim when claiming under the tort of negligence it is compulsory to fulfill the three requirement, the first requirement is the " duty of care " it is stated that whether the defendant owes the plaintiff a duty of care, is definitely a question of the law. it is always onus that the plaintiff establish the existence of a duty of care, but usually in most cases it is very straightforward to establish a duty of care, as long as it is provided that the relationship between parties falls within the duty of care for example a doctors owes a duty of care to his/her patients, or motorist owe a duty of care to the other road users, even architects owe a duty of care to the people who are occupying the specific building, these are just few examples of owing a duty of care. if the relationship between the parties does not fall within the established duties of care, than the plaintiff needs to be able to show the 2 things which are (1) '' it was reasonably foreseeable that the defendant act or omission could cause harm to someone in the plaintiff's position ", which means that it the plaintiff must be able to show that during the time of the incident it was reasonably foreseeable that the defendant's code of conduct could cause harm to someone in the plaintiff's position.

Read More

Disadvantages Of Tort

972 Words | 4 Pages

Duty - is the first element of negligence which refers to the legal obligation imposed on someone requiring them to adhere to a certain standard of reasonable care while performing any acts that could harm

Read More

Dworkin's Theory Of Discretion

788 Words | 4 Pages

Dworkin and Judicial Discretion, Philosophy of law, last accessed from http://www.yellowpigs.net/philosophy/dworkin on 02 April 2016 4. Dworkin, Ronald, (1977), Taking Rights Seriously, London,

Read More

Essay On Giving Of Reason

2498 Words | 10 Pages

The entitlement to reasons is not only an ‘indispensable part of a sound system of judicial review’, as Professor Wade described it, but also ‘a healthy discipline for all who exercise power over others’ There are two basic underlying reasons for giving reasons: first, a general objective of fairness in the decision making process. Second, the facilitating of judicial review. Furthermore, the giving of reasons acts as a defense against arbitrary decision making, the practice of partisanship in our courts and it aids hugely in the appeals process. The three main sources of a duty to give reasons (The

Read More

More about Duty Of Care Theory

Related Topics

Open Document