Essay On Duty Of Care

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The first element is that the Defendant must have owed the Plaintiff a duty of care. A duty of care arises when one party has a duty at law, to avoid acts or omissions which could be reasonably foreseen as causing harm to another.
The is not a definitive formula to establish if a duty of care is due between individuals.
Donoghue v Stevenson [1932] AC 562 gives guidance or an insight into factors that can be considered that can give rise to a duty of Care these are:
1. Reasonable Foreseeability
2. Proximity
If the defendant or offender knows of or had the capabilities to know that their actions and/or omissions could potentially cause impairment or injury of the legal rights of another individual who is not in a situation to defend their own …show more content…
(For example if the court systems ruling is that of injustice or unfairness for a duty of care to exist)
In the case of negligence there is a difference between the Duty of care and the standard of care
1. Duty of care: is a duty owed by one person to another and based on the particular relationship, in fact, between the two parties and between the defendant and the relevant, foreseeable risk of injury.
2. Standard of care: Is the standard obligated by law that requires conformity to a certain standard of conduct in regard to the protection of others against unreasonable risks.
Three prerequisites must be present in order to establish the liability of a defendant in negligence, and it is up to the plaintiff to prove to the court the balance of probabilities that a tort of negligence has arisen. These are:
• that a duty of care was owed to the plaintiff;
• that the defendant failed to conform to the required standard of care;
• that there has been material damage to the plaintiff, caused by the defendant.
Government Bodies:
In this case, the government bodies would definitely have owed a duty of care to the tenants of the

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