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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

  1. Established in *Donoghue v Stevenson* [1932].
  2. Created a general test for duty based on reasonable foreseeability.
  3. A 'neighbour' is anyone foreseeably and directly affected by one's actions.
  4. This principle allowed negligence law to expand beyond the confines of contract law.