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Duty of care: the three-part test

Fun and games or breach of duty?

Is it a function of the law of tort to eliminate every ounce of risk or to eradicate socially desirable activities? Does the social value or educative value of an activity justify foreseeable risks? Jacqui de Silva explores the arguments

This article is relevant to AQA AS Unit 2 (concept of liability) and A2 Unit 4 (tort), and OCR A2 Unit G157 (law of torts).

It appears that the greater the social value of an activity, the more likely it will be that the courts will find it reasonable to have dispensed with safety precautions.

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Duty of care: the three-part test

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