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Public vs private: balancing conflicting interests

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Approaches to duty of care

Understanding duty of care in negligence

Giles Bayliss discusses the question of when it is ‘fair, just and reasonable’ for a duty of care to exist

Before they impose a duty, judges must consider whether it would result in a flood of claims
Ingram

At the heart of negligence is the concept of a duty of care owed by one person to another. The existence (and scope) of this duty is currently determined using three criteria explained by the House of Lords (now Supreme Court) in Caparo v Dickman (1990). These are:

■ reasonable foreseeability of harm

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Previous

Public vs private: balancing conflicting interests

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Approaches to duty of care

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