9084 · 4.1.2
Duty of care
**Duty of care** (4.1.2) is the first hurdle in negligence. Use **established categories** where they apply; otherwise apply the **Caparo three-stage** test step by step in problem questions.
Need to know
What you need to know
- Established in *Donoghue v Stevenson* [1932].
- Created a general test for duty based on reasonable foreseeability.
- A 'neighbour' is anyone foreseeably and directly affected by one's actions.
- This principle allowed negligence law to expand beyond the confines of contract law.
Explanation
Duty of care
- Established in *Donoghue v Stevenson* [1932].
- Created a general test for duty based on reasonable foreseeability.
- A 'neighbour' is anyone foreseeably and directly affected by one's actions.
- This principle allowed negligence law to expand beyond the confines of contract law.