The Concept Of Duty Of Care Law General Essay.
Prima facie duty of care in the law of tort arises if there is sufficient proximity between the alleged wrong doer and the wronged party, such that the wrong doer might reasonably expect that carelessness may cause damage to the wronged party.
Once a duty of care has been established not only should the defendant owe a duty of care, but also must be in breach of that duty. Therefore the defendant should have failed to come up to the standard of care required by law for fulfilment of duty.
Duty of care refers to the circumstances and relationships which the law recognises as giving rise to a legal duty to take care. A failure to take such care can result in the defendant being liable to pay damages to a party who is injured or suffers loss as a result of their breach of duty of care.Therefore it is necessary for the claimant to establish that the defendant owed them a duty of care.
Common Law: A prima facie 2 case of negligence exists IF the following conditions are proven: Defendant had a duty of reasonable care. Defendant breached that duty. The breach was the actual and proximate cause of the plaintiff's injuries. Some sort of damage occurred to the plaintiff or her property. Duty of reasonable care definition.
Nursing Duty Of Care. In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant.
If the defendant has duty of care to the plaintiff and breaches his duty of care, as long as it can be proved that the defendant’s careless conduct causes damage, injury or loss to the plaintiff while the damages are foreseeable, the defendant will be liable to negligence.
Essay Writing Guide. Learn the art of brilliant essay writing with help from our teachers. Learn more.. How to answer problem questions in negligence.. Duty of care. It firstly has to be shown whether Brian owed a duty of care to Andy and Cathy. The test used is the three stage test from Caparo v Dickman.