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Tort LawText, Cases, and Materials

Tort Law: Text, Cases, and Materials (5th edn)

Jenny Steele
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date: 24 May 2024

p. 2015. Duty of Care: Applicationslocked

p. 2015. Duty of Care: Applicationslocked

  • Jenny SteeleJenny SteeleProfessor of Law, University of York

Abstract

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with particular applications of the duty of care concept that determine the boundaries of the tort. Various cases on duty of care are examined in terms of recognized categories relating to negligently inflicted psychiatric damage, ‘pure economic loss’, and negligence liability of public authorities. The chapter also considers the assumption of responsibility criterion developed from the case of Hedley Byrne v Heller [1964] AC 465, as well as applications of the ‘Caparo approach’ used in establishing whether a duty is owed. Finally, it looks at emerging organizing concepts which appear to span different categories of case law.

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