Development and Scope of Duty of Care
– Duties were limited to those in privity of contract
– Second Industrial Revolution highlighted the need for a general duty of care
– William Brett introduced the concept of a general duty of care in Heaven v Pender
– MacPherson v. Buick Motor Co. and Donoghue v Stevenson cited Brett’s analysis
– These cases led to the recognition of a general duty of care
– Duty of care can exist in situations with vast distances and time gaps
– Example of an engineer responsible for building safety for future tenants
– Terlinde v. Neely case emphasized duty of care in construction
– Home builder owes a duty of care to users of their product
– Accountability for negligent workmanship in the stream of commerce
Responsibility and Criteria for Duty of Care
– Differences exist in common law jurisdictions regarding the duty of care
– Courts cannot impose unlimited liability
– Reasonable limits must be set for the duty of care
– Justice Cardozo’s statement on indeterminate liability
– Determining the fair, just, and reasonable imposition of liability
– Duty of care depends on analogous cases with existing precedent
– Examples include doctor and patient, manufacturer and consumer, surveyor and mortgagor
– Application of previous cases without normative questions
– Caparo Industries plc v Dickman set out criteria for determining duty of care
– Criteria include foreseeability, proximity, and fairness
Duty of Care in Different Jurisdictions
– Australian law deviates from the British approach
– Duty of care determined by fitting the case into an established category
– Occupiers of premises automatically owe a duty of care
– Salient features test used to determine duty of care
– Special rules for mental harm and public authority cases in establishing duty of care
– Each of the 50 U.S. states has the authority to develop its own tort law under the Tenth Amendment.
– Several tests are used in United States tort law to determine a duty of care.
– The foreseeability test is used in states like Florida and Massachusetts.
– California has developed a complicated balancing test consisting of multiple factors to determine a duty of care.
– The criteria for determining the existence of a legal duty of care in California are known as the Rowland factors.
Measurement and Breach of Duty of Care
– The second element of negligence in the United States is proving that the defendant breached the duty of care.
– Breach is determined by comparing the defendant’s actions against the standard of a reasonable person.
– The standard of care varies depending on the specific circumstances of the case.
– In cases of medical malpractice, physicians are held to reasonable standards for their profession.
– If the defendant’s conduct falls below the relevant standard of care, breach is proven.
Examples of Duty of Care
– Product liability was the context in which the general duty of care first developed.
– Manufacturers owe a duty of care to consumers who purchase and use their products.
– Landowners have a duty of care to those who come onto their premises.
– The extent of the duty of care for landowners varied based on the classification of the person (trespasser, licensee, or invitee).
– Some jurisdictions, like California, have replaced the old classifications with a general duty of care to all persons on one’s land.
– The case of Donoghue v Stevenson established the duty of care owed by manufacturers to consumers.
– Manufacturers are responsible for taking reasonable care in the preparation and distribution of their products.
– The duty of care applies when products are sold in a form that does not allow for intermediate examination.
– Manufacturers are aware that a lack of reasonable care can result in harm to consumers.
– The duty of care extends to the ultimate consumer of the product. Source: https://en.wikipedia.org/wiki/Duty_of_care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law).
Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.
